A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 31, 2006, the Defendant was issued a summary order of KRW 700,000 by a fine for a violation of the Road Traffic Act at the Busan District Court on August 31, 2006, and on June 2, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court on June 2, 2014.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as above, on March 24, 2019, at around 22:19, the Defendant driven Cpoter II cargo vehicles under the influence of alcohol of about 0.108% in a section of about 500 meters from the front day of a mutually influent restaurant in the Guri-si Gri-si Tri-si Gri, to the front day of Guri-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Requests for appraisal;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, investigation reports (a) Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content of 0.108% (blood measurement), driven a passenger car with approximately 500 meters wide.

Defendant has been punished for each of the crimes of violation of the Road Traffic Act around 2006 and around 2014, and there is also a record of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around 200.

The blood alcohol concentration of the defendant, the distance of driving, the contents of the previous punishment force and the distance thereof, and the age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime.