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

Although the Defendant was punished by a fine of KRW 1 million as of February 14, 2019 from the Busan District Court Seo-gu branch of Busan District Court for the crime of violation of the Road Traffic Act (driving a sound driving), on October 06, 2019, the Defendant driven D's automobile under the influence of alcohol level of KRW 0.140% in the section of about 3km from the front of the Seocheon subway Station in Busan Northern-dong to the front of the "C" located in the Busan Northern-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (report accompanied by a summary order of the same kind of crime);

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

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

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 regarding the order to provide community service and attend lectures, 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 Road Traffic Act, and 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 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.