However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

On August 28, 2013, the Defendant was sentenced to a suspended sentence of two years in the Busan District Court for a violation of the Road Traffic Act.

On December 7, 2019, at around 09:21, the Defendant driven a Clearning car under the influence of alcohol level of about 0.190% from the 4km section from the 09:21st to the 3rd road in the Gangseo-gu Busan Gangseo-gu, Busan.

In this respect, the Defendant driven a drinking twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 was punished for the violation of the Road Traffic Act even though he had the record of punishment for the reason of sentencing under Article 62-2 of the Criminal Act, it is necessary to strictly punish the defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the period of drinking in the preceding day remains, and there are circumstances to consider the situation that could be considered as being controlled during driving on the next day, including the previous conviction in the judgment, the same force of the defendant, including the previous conviction in the judgment, is less than five years, the defendant is the most responsible for supporting his wife and children, the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and other conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as the sentence as ordered.