A defendant shall be punished by imprisonment for two years.

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

On January 16, 2007, the Defendant received a summary order of KRW 700,000,000 as a crime of violating road traffic law (dacting driving) from the Changwon District Court's branch on January 16, 200.

[2] On September 24, 2020, the Defendant driven a Fran vehicle under the influence of alcohol with about 430 meters alcohol concentration of about 0.127% from the 430-meter section from the Clring parking lot located in Busan City, Busan, to the E-ro in the same Gu.

On January 16, 2007, the Defendant received a summary order of KRW 700,000,000 as a crime of violating road traffic law (dacting driving) from the Changwon District Court's branch on January 16, 200.

[2] On October 18, 2020, the Defendant: (a) around the 3km section from the Clring parking lot located in the Busan Jin-gu, Busan to the front road in the Busan Jin-gu; (b) driven a car under the influence of alcohol with a 0.111% alcohol concentration in blood during the 3km section from around 04:30 on October 18, 202 to the G in the Dong-gu.

Accordingly, the Defendant once driven a motor vehicle under the influence of alcohol by a person who has violated the drinking regulations not less than twice.

Summary of Evidence

"200 Highest 3993"

1. Statement by the defendant in court;

1. Investigative report, and inquiry into the results of crackdown on drinking driving;

1. A previous conviction: A reply to inquiry, such as criminal history, a report on a reply to inquiry, a previous conviction of the disposition, and a report on the result of confirmation of the previous conviction;

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, and application of summary order statutes;

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act (or the choice of imprisonment) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A person who, on September 24, 2020, was investigated by an investigative agency due to his/her driving of alcohol and was in a situation subject to punishment.