On April 5, 2019, at around 09:45, the Defendant driven an Epoter II cargo vehicle under the influence of alcohol content of about 0.105% from the road in front of the Defendant’s residence in Busan Sho-gu, Busan to the front road in Dho-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to any inquiry into the results of regulating drinking drivers, any report on the circumstantial statements of drinking drivers, and any investigation report (report on the circumstances of drinking drivers);

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 201); Article 148-2(2)2 and Article 44(1) of the Criminal Act (amended by Act No. 16037, Dec. 24, 201); Defendant has already been punished twice due to drinking driving (However, the first drinking driving time is 203);

Considering the recent increase in the social awareness of the harm of drinking driving, and the punishment under the Road Traffic Act is more strict, it is reasonable to impose a punishment corresponding to the criminal liability by sentencing a sentence on the defendant who has been given an opportunity to recognize the risk of drinking driving through a suspended sentence.

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.