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

[Criminal Power] On November 26, 2015, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court.

【Criminal Facts】

On August 25, 2019, at around 10:48, the Defendant driven CK5 cars while under the influence of alcohol concentration of about 3 km from the road in front of his dwelling place in Busan Dong-gu, Busan to the front road of the Busan Solar-dong Marabbbbage charge.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind), application of statutes on judgment;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Not applying the sentencing criteria: The sentencing criteria are not prepared for offenses of violating the Road Traffic Act.

3. The decision-making driving of the sentence is not only abrupt of itself, but also a crime that can bring the life of an unspecified person, and is highly dangerous.

On November 26, 2015, the Defendant was punished by imprisonment with prison labor for a violation of the Road Traffic Act in the Seoul Northern District Court on June 26, 2015 before being sentenced to a two-year suspended sentence, etc., so it has been discovered again as a drinking driving and the possibility of criticism is high.

However, the defendant seems to have led to the confession and reflect of the crime of this case.

The blood alcohol concentration level is relatively high.

The Defendant is the preceding day.