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

[criminal power] On September 19, 2008, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Busan District Court's Dong Branch, on August 25, 2009, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the same court on August 25, 2009, and on February 1, 2012, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) respectively. On April 3, 2013, the same court issued a summary order of KRW 6 months for a suspended sentence of imprisonment for a violation of the Road Traffic Act (driving) and on August 14, 2014, a person who had been sentenced to imprisonment for the same crime in the same court on August 25, 2014.

【Criminal Facts】

On April 2, 2019, the Defendant, who had been punished for drunk driving twice or more as above, driven the Eone Star Co., Ltd., which is owned by the Defendant, under the influence of alcohol content of approximately 0.143% from a section of about 150 meters from the front of the Geum-gu Busan Metropolitan Government B to the front of the D stations located in the Busan Geum-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

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

1. Report on the actual state of the driver;

1. Previous records of judgment: Criminal records, etc., inquiry reports, three copies of summary order, and application of statutes of the 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 reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is not only a large number of defendants with the same history of sentencing, but also there is a history of serving a sentence of imprisonment with prison labor for the same crime in 2014, and the quality of the defendant's crime is not very good in light of the circumstances of committing the crime of drinking again

On the other hand, the defendant's mistake is divided, and the traffic accident is committed.