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

Punishment of the crime

On June 21, 2011, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Busan District Court, and was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act. On April 20, 2012, the Defendant was sentenced to a suspended sentence of 6 months by the same court. On January 14, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (Refusal of measurement) at the same court and completed the execution of the sentence at the Busan District Court on September 13, 2015.

On July 1, 2017, at around 14:00, the Defendant driven a 3-wing truck with a blood alcohol concentration of about 0.271%, while under the influence of alcohol at about 3km from the front of the Gangseo-gu Busan Metropolitan Village to the front road of the D farm located in Gangseo-gu, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentence shall be imposed in consideration of the following: (a) the Defendant was sentenced to three times a fine and three times a suspended sentence due to drinking driving; (b) the Defendant was sentenced for six months in 2012; (c) the Defendant was sentenced for eight months due to the crime of refusal to measure drinking in 2015; (d) the instant crime was committed again during the period of repeated offense; (c) the blood alcohol concentration was high to 0.271%; and (d) the vehicle was likely to have been missing on the farm road; and (e) the Defendant was also sentenced to three times a suspended sentence due to drinking driving; and (e) the Defendant was sentenced to eight months a suspended sentence due to the crime of refusal to measure drinking in 2015.

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.