However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On August 6, 2013, the defendant was issued a summary order of a fine of three million won by the Busan District Court for the crime of violation of the Road Traffic Act.

On July 9, 2020, the Defendant driven a Fbenz car under the influence of alcohol concentration of 0.095% from the section to the front road of the Busan Gangseo-gu D Building E parking lot, from the adjacent road located in Gangseo-gu Busan, Busan, to the road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial reports on the drivers, the circumstantial statements of the drivers, and the investigation reports (the circumstantial reports on the drivers);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures lies in the criminal act again judged despite the fact that the defendant had been punished for drinking driving, and that the defendant attempted to escape from the crackdown of drinking driving while the central line was invaded and the defendant attempted to escape from the crackdown.

However, the fact that the defendant has no record of punishment of imprisonment without prison labor or heavier punishment for the last twenty years shall be considered as favorable to the defendant.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.