Defendant shall be punished by imprisonment for a term of one year and six months.

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

The Defendant was punished by a fine of KRW 1 million as of July 10, 2006, and a fine of KRW 2.5 million as of May 31, 2007, from the Ulsan District Court, on July 13, 2019, the Defendant driven a D-wing truck with alcohol level of KRW 0.152% in the section of about 15km from the side of the C store located in Busan Seo-gu, Busan to the front of the line located in Seocheon-dong, Busan, for the purpose of violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry request for appraisal, and written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to inquiry reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., e., the recognition of and reflect on criminal conduct);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Suspension of Execution);

1. In light of the fact that the Defendant again committed the instant crime even though he had been punished several times for the reason of sentencing under Article 62-2 of the Criminal Act, such as the violation of the Road Traffic Act, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the violation of the Road Traffic Act, and the Defendant’s blood alcohol concentration at the time of the instant crime, etc., it is necessary to severely punish the Defendant.

However, the fact that the defendant recognizes the crime of this case and separates his mistake and does not repeat the crime of this case, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime of this case, etc., the punishment as ordered shall be determined by taking into account the sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime, etc.