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 April 14, 2015, the Defendant issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Busan District Court, and on August 24, 2015, a fine of 4.5 million won by committing a violation of the Road Traffic Act.

On December 10, 2019, at around 00:30, the Defendant driven a motor vehicle in the D T-gu under the influence of alcohol level of about 0.103 % in the section of approximately 1.3km in the front of the exit of approximately 181 Jeonpo-gu, Busan, and the road in front of the exit of about 181 Jeonpo-gu.

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 reasons for sentencing under Article 62-2 of the Criminal Act for probation are subject to a fine twice due to drunk driving in 2015, taking into account the blood alcohol density of the instant case, and is determined as ordered by taking into account all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the offense, and circumstances after the commission of the offense.