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 sentenced to a summary order of KRW 3 million as of October 2, 2006, the fine of KRW 5 million as of January 31, 2007, and the fine of KRW 5 million as of September 19, 2014 at the Busan District Court sentenced to imprisonment for six months and the suspended execution for a violation of the Road Traffic Act. On August 23, 2019, the Defendant driven a E-Poter truck under the influence of alcohol concentration of approximately 4 km from around the Busan District Court to the D-W located in the Seocho-gu, Busan District Court around August 23, 2019.

Summary of Evidence

1. Defendant's legal statement;

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. Application of the Act and subordinate statutes to inquiry reports and investigation reports (verification of the same-class power);

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. The Defendant again committed the instant crime even though he/she had been punished several times for the reason of sentencing under Article 62-2 of the Criminal Act with regard to the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act, and the violation of the Road Traffic Act. Considering the fact that the Defendant’s blood alcohol concentration is considerably high at the time of the instant crime, it is necessary to strictly punish the Defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake and does not repeat the crime of this case, the defendant's blood alcohol concentration and control point at the time of committing the crime of this case is exempted from consideration in light of the circumstances, and the age, character, conduct and environment of the defendant.