A defendant shall be punished by imprisonment for one year.

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

On May 2, 2019, at around 08:16, the Defendant: (a) driven a D mixed CR-V4WD car in front of Busan City’s death and death; (b) was under the influence of alcohol and was under the influence of alcohol on the one-lane of the four-lanes of the above road; (c) was reported on May 2, 2019 that there was a vehicle suspected of drunk driving; and (d) was under the influence of alcohol, such as F Officer of the Busan Coast Police Station E in Busan, the Defendant was under the influence of alcohol, and was under the influence of alcohol, such as drinking, drinking, drinking, lusing, and lusing a light on the face of the Defendant, and did not comply with a request of a police official for a alcohol measurement at intervals of about four minutes, even though the Defendant was required to comply with a alcohol measurement by inserting the drinking measuring instrument at intervals of about three minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act is that he/she refused to measure drinking as stated in the criminal facts under the influence of alcohol, and that the defendant has a criminal record of the same drinking driving several times, which is disadvantageous to the defendant.

Recently, the social awareness of the harm of drinking driving has been raised, and the punishment under the Road Traffic Act has also been raised.

However, the defendant shall take into account the favorable circumstances in which he/she has no previous conviction or more.

In addition, when comprehensively taking into account the Defendant’s age, character, conduct and environment, motive and background leading to the instant crime, means and consequence, circumstances after the instant crime, and other sentencing conditions as shown in the instant pleadings, the Defendant will be placed in preference only once.