A defendant shall be punished by imprisonment for not less than 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

[Power of crime] On August 24, 201, the Defendant was issued a summary order of 2.5 million won for a crime of violating road traffic law (drinking driving) at the Busan District Court’s Dong Branch branch branch.

[Criminal facts] 2020 Highest 2307

1. Around 00:40 on October 3, 2020, the Defendant driven a C-learning car under the influence of alcohol concentration of approximately 0.169% from the blood alcohol level to the above road from the road of Gangseo-gu Busan Metropolitan City ( around 50 meters prior to the city direction and the entry to the airport of the Kimhae-gu) of Gangseo-gu, Busan Metropolitan City from around 00:40 on October 3, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

"200 Highest 2638"

2. On October 3, 2020, around 10:10 on October 3, 2020, the Defendant driven a Clearning car under the influence of alcohol with approximately 30km alcohol concentration of 0.120% from the 30km section from the Busan Southern-gu apartment complex to the E stop in Kimhae-do.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

[200 Highest 2307]

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the result of crackdown on driving alcohol (2020 order 2638);

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the result of regulating driving of drinking alcohol (before judgment);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report before and after the disposition is confirmed;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020; hereinafter the same shall apply), the applicable provision of the Act and the former Road Traffic Act’s selection of punishment for the crime, and the selection of imprisonment with prison labor

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the said Act, Article 53 and Article 62(1)3 of the said Act, the suspension of execution under Article 55(1)3 of the said Act, as prescribed by Article 62 of the said Act;

1. Following the reasons for sentencing under Article 62-2 of the Criminal Act, the following various sentencing conditions, Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, etc., and all of the sentencing factors indicated in the instant records and the trial process.