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

Punishment of the crime

On November 17, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at an Ansan District Court’s Ansan Branch on November 17, 2008, and on January 31, 2011, the Defendant was issued a summary order of KRW 2,00,000 for a violation of the Road Traffic Act at the Seoul Western District Court’s Seoul Western District Court on January 31, 201, and on May 10, 2013, the Defendant was sentenced to two years of suspension of the execution for six months for a violation of the Road Traffic Act at the Chungcheong District Court’s Chungcheong Branch on May 10, 201, and was sentenced to four months of imprisonment for a violation of the Road Traffic Act at the site of Suwon District Court on June 28, 2013.

On February 3, 2019, at around 23:45, the Defendant driven a 20m rocketing car from the Cheongbuk-gun apartment underground parking lot to the above apartment C-dong parking lot under the influence of alcohol by 0.080% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A previous conviction in judgment: An inquiry letter, each summary order, and the application of statutes governing 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. The crime of this case was committed even though it was possible to have the record of criminal punishment for the same kind of crime, including imprisonment with prison labor for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, considering all the circumstances, including the fact that the defendant's mistake is recognized, the degree of blood alcohol concentration, driving distance, etc.