A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[Criminal Power] On December 26, 2011, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act from the Busan District Court’s branch branch, and on March 13, 2017, issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court.

【Criminal Facts】

On April 10, 2019, at around 21:50, the Defendant driven a DNA NAS car with approximately 10 meters alcohol concentration 0.121% under the influence of alcohol at the section of about 10 meters from the section of the C parking lot located in Kimhae-si B until its entrance.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: Criminal history records, reply reports, and application of each summary order-related statute;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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, the Defendant committed a second offense without being aware of the history of punishment twice due to drinking driving.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In fact, there was no actual accident.

The previous department was sentenced to a fine prior to the whole years.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.