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 27, 2007, the Defendant was sentenced to a summary order of KRW 3,00,000 by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court, and on October 26, 2007, the Defendant was sentenced to a suspended sentence of two years for the period of suspension of execution in April, and on November 29, 2012, to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Changwon District Court.

On March 27, 2019, the Defendant, while under the influence of alcohol of 0.117% of blood alcohol concentration, driven a B low-est car at the section of about 500 meters from the front of a restaurant near the Kumsan-ro, Kimhae-ro, Kimhae-ro, 310-36, in the direction of the 500-meter radius to the front of the Kimhae-gu, Kimhae-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of records of drinking driving not less than twice);

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; the choice of a criminal sentence

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, including the circumstances of the crime of this case, the defendant’s age, character and conduct, and the circumstances after the crime.

D. Unfavorable circumstances: The fact that the defendant has already been punished three times due to drunk driving, the circumstance that the blood alcohol level is very favorable: The confession of the defendant, the defendant's dependents (two children), the fact that there are two children, the fact that the defendant drives the drug to purchase the child suffering from congenital receipt, and the fact that two times of the alcohol level and two times of the alcohol level have passed all for ten years.