A defendant shall be punished by imprisonment for six 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 January 6, 2010, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act, and a fine of 2.5 million won as a fine in the same court on February 5, 2013 as the same crime, respectively.

On April 28, 2019, at around 22:27, the Defendant driven an Erash drive from the front line of the trade name in Busan-gun, Busan-gun, to the front line of the “D” in the same Gun C, while under the influence of alcohol content of about 1k to the front line of the “D” in the same Gun C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, inquiry report, inquiry report on the control of drinking driving and investigation report, and investigation report (Attachment to an assessment report on blood alcohol);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (suspects' previous records and attachment);

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

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (the punishment power, particulars of driving, blood alcohol concentration, etc.) (the punishment power, details of driving, and blood alcohol concentration, etc.);

1. Order to attend lectures: Article 62-2 of the Criminal Act;