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

The Defendant, from the Busan District Court, was punished by a fine of KRW 2 million on November 18, 2010, and a fine of KRW 3 million on March 25, 2015, but around 05:5 on August 6, 2019, on the roads of Busan Jin-gu B apartment on the roads of Busan Jin-gu to the roads in front of the Yandong-dong, Busan, the Defendant operated C Lasttop vehicles under the influence of alcohol concentration of approximately 0.076% on the 5.3km section from the 5.3km section to the roads in front of the Yandong-dong, Busan Jin-gu.

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 Acts and subordinate statutes to inquiry reports;

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. In light of the reasoning of sentencing under Article 62-2 of the Criminal Act, considering the Defendant’s blood alcohol concentration at the time of the instant crime, it is necessary to severely punish the Defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake into two separates, and that he would not repeat the crime of this case. In light of the defendant's blood alcohol concentration and control point at the time of the crime of this case, the circumstances may be considered, and the defendant's age, character and environment, motive, means and consequence of the crime of this case, the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, motive, means and consequence