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

On June 30, 2009, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Chungcheong District Court's Chungcheong branch on June 30, 2009, and on August 10, 2015, the Defendant received a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act at the same court on August 10, 2015, and has a record of drinking twice or more.

On October 10, 2018, at around 01:05, the Defendant driven a BM6 car under the influence of alcohol concentration of approximately 0.128% from the 1k section of alcohol alcohol level to the roads in front of the yellow-gu tunnels located in the same Dong, Nam-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of drinking drivers' standing, and the report on the state of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles of the Act on Criminal Facts and Article 148-2(1) of the Road Traffic Act that stipulate the applicable provisions of the indictment as “paragraph (2).” However, in light of the facts charged, this is deemed to be a clerical error in the facts charged, and thus, it is deemed to be corrected and recognized as above.

Sub-paragraph 1, Article 44 Paragraph 1 (Appointment of Imprisonment)

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

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is an unfavorable circumstance that the defendant has two criminal records for the reason of sentencing, and that the degree of the taking of such criminal records is not somewhat weak.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the distance of driving is very long.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set