A defendant shall be punished by imprisonment for one year.

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

On September 22, 2015, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Busan District Court on September 22, 2015, and on January 29, 2016, the same court was sentenced to a fine of three million won or more for the crime of violation of the Road Traffic Act.

Nevertheless, at around 08:53 on October 27, 2018, the Defendant driven a Fbe-cr cruise car under the influence of alcohol concentration of about 0.13% from the section of about 1km from around 08:53 to the direction of the E convenience store in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the occurrence of a traffic accident, photographs related to drinking driving, notification of the results of crackdown on drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, etc., inquiry reports, previous records of disposition, and reporting results of confirmation Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The defendant, who has been sentenced three times or more due to the violation of the Road Traffic Act due to the crime of violating the provision of Article 62-2 of the Criminal Act on probation and the order to attend a lecture for the reason of the punishment, committed again the crime of violation of the Road Traffic Act due to the driving under the influence of alcohol, and the degree of alcohol concentration in blood cannot be said to be low. However, the punishment should be imposed as ordered in consideration of the defendant's entire confession of the crime, the defendant's mistake is divided, the defendant has no record of criminal punishment except several times of punishment by fine