A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant, from the Busan District Court, was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Busan District Court, KRW 1 million as a fine on August 22, 2012, KRW 2.5 million as a fine on October 8, 2013, and KRW 5 million as a fine on May 23, 2014. However, on May 4, 2019, the Defendant driven from the D parking lot located after the Busan District Court Hospital located after the Busan District Court to the 2nd day of the Mancuk-dong, Busan District Court to the 6km-dong, while under the influence of alcohol concentration of approximately 0.05% from the 6km section to the 0.055% under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. An inquiry report, and the application of Acts and subordinate statutes on criminal reporting (criminal records of the same kind as a suspect);

1. Relevant laws on criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment, etc.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Considering the fact that the defendant was sentenced to a fine due to the violation of the Road Traffic Act as well as the fact that he again committed the instant crime even though he had committed several offenses, it is necessary to strictly punish the defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake into two separates, and that he would not repeat the crime of this case. In light of the defendant's blood alcohol concentration and control point at the time of the crime of this case, the circumstances may be considered, and the defendant's age, character and environment, motive, means and consequence of the crime of this case, the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, motive, means and consequence