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

On August 30, 2010, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Busan District Court's branch court's jurisdiction on August 30, 2010.

Around 04:00 on May 14, 2020, the Defendant driven an E Car under the influence of alcohol level of about 0.098% from around 15 kilometers in the section of approximately 15 kilometers of blood alcohol level to D Park in the vicinity of the Nam-gu Busan apartment.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished for drinking driving, was re-offending, and the drinking water at the time of the instant case was not lower than the level of drinking water at the time of the instant case. However, the criminal liability of the defendant is not easy in that the defendant had a risk of an accident caused by a motor vehicle after the wind that the defendant built a vehicle on the road

However, there is no criminal punishment other than the previous offense in the judgment of the defendant, and there is no other criminal punishment other than the previous offense in the judgment of the defendant, and the considerable period has elapsed from the day of the crime in the judgment to the day of the crime in this case, and other various conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime in this case, means and method of the crime, contents and result, etc., shall be determined