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 January 11, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court. On July 8, 2016, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for the same crime.

On February 9, 2019, around 23:45, the Defendant driven BM car under the influence of 0.243% of the blood alcohol concentration from about 10 meters to the front road of the Yangsan Tax Office, located in approximately 135 meters, from the road in front of the Nombag in which it is impossible to identify the trade name adjacent to the Nombag-ro 135, Yangsan-si, Yangsan-si, Yangsan-si, in which it is difficult to find out the trade name adjacent to the Nombag-ro 135.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver) and report on detection of an immigration driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power) and Acts and subordinate statutes;

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. In light of the fact that the defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, once again drives a gold with drinking alcohol in spite of having been discovered once due to driving without a license, it is difficult to impose a fine on the defendant any more difficult to achieve the purpose of punishment.

Blood alcohol concentration is also very high.

On the other hand, the defendant led to confession of and reflect on the crime, and did not cause harm to others due to the defendant's crime, and only one time sentenced to a fine due to violence except the above crime records.

In addition, the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime.