Defendant shall be punished by imprisonment for a term of one year and two 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

On July 28, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on July 28, 2008. On March 15, 2010, the Defendant issued a summary order of KRW 1 million for the same crime in the same court on March 15, 2010. On December 10, 2014, the Defendant was sentenced to a fine of KRW 5 million for the same crime.

On October 22, 2019, around 22:39, the Defendant driven a motor vehicle with blood alcohol concentration of about 0.132% in the section of about 10 meters from the road in front of the Seo-gu Busan to the front of the D apartment, Seo-gu, Busan, and driven a motor vehicle with alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that even though the defendant had a record of driving under drinking on several occasions as stated in the judgment of the court, the criminal act in the second judgment has been committed again, and that the defendant's blood alcohol concentration is considerably high is disadvantageous to the defendant.

However, considering the fact that the distance of the defendant's driving is short, and that the defendant has no record of punishment heavier than that of imprisonment without prison labor, the circumstances favorable to the defendant.

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.