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

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

Criminal facts

On November 7, 2006, the Defendant received a summary order of KRW 2,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and on August 14, 2014, the same court received a summary order of KRW 2,00,000 as a crime of violation of the Road Traffic Act.

On November 21, 2016, while under the influence of alcohol level of 0.150% among blood transfusion around 01:00, the Defendant driven a vehicle B with low-water level of 300 meters from the Samsung Parking Lot located in the Seopo-dong, Busan Metropolitan City to the front of the new apartment located in the same Kupo-dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend, had been subject to two times due to drinking prior to the instant crime, and had been subject to two times due to driving without a license, again driving under the influence of drinking prior to the instant crime.

At the time of the instant crime, when the Defendant’s blood alcohol concentration was considerably high, and the Defendant appeared to have been in difficult condition at the time of having contacted with other automobiles.

However, the Defendant appears to be against the Defendant, such as making efforts to cope with accidents, following the instant crime, and the distance of the Defendant’s driving is relatively far away.