A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On September 12, 2008, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court, and on July 5, 201, the same court issued a summary order of KRW 3 million to a fine for the same crime, respectively, and on February 11, 2014, the Defendant was sentenced to a suspended sentence of six months with imprisonment for a violation of the Road Traffic Act at the Busan District Court.

On August 21, 2019, at around 00:21, the Defendant driven a F vehicle under the influence of alcohol by 0.112% of alcohol concentration at the section of about 5km from the 5km distance in front of the C cafeteria located in Yangsan-si B, Yangsan-si.

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 statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. Criminal records, inquiry reports, investigation reports (verification of the same type of suspect's records), two copies of summary orders, and application of Acts and subordinate statutes of one written judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: The defendant confessions himself/herself and repents the crime of this case; the defendant's history of drinking driving is four times (including a suspended sentence of imprisonment) and other circumstances shown in the records, such as blood alcohol concentration and alcohol level, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the crime at the time of the defendant; the punishment shall be determined as ordered by the disposition, considering the whole circumstances shown in the records such as the crime