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 September 30, 2008, the defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 30, 2008, and was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 25, 201.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on November 22, 2019, at around 22:20, the Defendant driven D 3 automobiles under the influence of alcohol 0.146% of blood alcohol concentration in the front of “C” located in Dongdu-si B, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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 0.146%, driven a car at approximately 20 meters in a breath alcohol level.

The defendant has been punished as a crime of violation of the Road Traffic Act by the lapse of 2008 and around 2010, and there are no other criminal records.

The punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the blood alcohol concentration and driving distance, the details of the previous punishment records and distance thereof, the age and character of the defendant, personality and conduct, family relationship, motive and means of the crime, and circumstances after the crime.