A defendant shall be punished by imprisonment for two years.

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 February 26, 2018, the defendant was issued a summary order of a fine of three million won at the general military court of the first instance on February 26, 2018.

On July 24, 2019, the Defendant, who was punished for drunk driving, driven a FK5 vehicle under the influence of alcohol with approximately 0.129% of alcohol concentration from a parking lot where it is impossible to know a place below C located in Busan Jin-gu, Busan to the front road located in D located in Busan Jin-gu to approximately 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant was punished for drinking while serving in the military, and was discharged from military service, and thus making a drinking again.

It seems that blood alcohol concentration is high, and there is no awareness about drinking driving.

In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.