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

[Criminal Power] On December 13, 2006, the Defendant was sentenced to a summary order of 1.5 million won as a crime of violating the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On July 15, 2019, around 15:51, the Defendant driven a F EFxa car from the front of the “C” restaurant located in Gangseo-gu Busan Metropolitan City, to the front road in D, to approximately 300 meters, with a blood alcohol concentration of about 0.236%, while under the influence of alcohol.

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

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 of the Criminal Act, such as probation order, order to attend a lecture, or order to attend a community service order, is a very high crime that may infringe on the life and property of others, and thus, it is highly necessary to strictly punish the defendant, and the defendant caused a traffic accident due to drunk driving. In particular, the defendant's blood alcohol concentration is very high.

The above unfavorable circumstances and the Defendant are recognized as committing the instant crime, and the Defendant considered favorable circumstances, such as the fact that there is no particular force until now after being punished as a drunk driving on around 2006. In full view of the following circumstances, the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, and circumstances revealed during pleadings, etc., the sentence as ordered shall be determined as per Disposition.