A defendant shall be punished by imprisonment for six 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 21, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on August 21, 2007, and on February 10, 2010, the Defendant was sentenced to a fine of KRW 2 million as a fine at the Busan District Court.

On March 30, 2019, at around 04:36, the Defendant driven an EM3 car from approximately 20 meters to the front of the D cafeteria located in Jinhae-gu B building in front of the Jinhae-gu, Changwon-si B building, while under the influence of alcohol by 0.13% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. AF statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, and inquiry into the results of the crackdown on drinking;

1. Field control photographs;

1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime, and determining the sentence as ordered by taking account of the following circumstances.

Disadvantageous circumstances: The defendant was driving in a state of chronic alcohol (0.133% of blood alcohol concentration) resulting in a significant risk to the life and safety of others.

The defendant committed the crime of this case without being aware that he had been punished twice for the same crime.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

Since the past punishment, a considerable period of time (nine years) has passed.

No defendant has been punished in excess of a fine.