A defendant shall be punished by imprisonment for a term of one year and three 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

[Criminal Power] On March 3, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the Busan District Court’s branch branch court, and a fine of KRW 3.5 million as a same crime in the same court on May 14, 2014, respectively.

【Criminal Facts】

On July 24, 2019, at around 23:05, the Defendant driven D 3 vehicles under the influence of alcohol with approximately 1k alcohol concentration of about 0.093% from the section of approximately 1k to the road before the C Association located in the ethic City B from the front of the ethic City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes to investigation reports (verification of the history of punishment for running sound);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has the history of having been punished twice or more due to drunk driving, and since June 25, 2019, the penal provision for drunk driving was strengthened, and the Defendant was also able to easily understand the aforementioned circumstances through the media, and there is a need for strict punishment in that he/she was engaged in the instant drunk driving.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment heavier than a suspended sentence due to the same kind of crime, and that there is no record of punishment for the defendant, and other various circumstances that are the conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc