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 October 31, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Busan District Court's branch court's Busan District Court's decision on October 31, 2008, and a fine of KRW 3 million for the same crime in the same court on April 25, 201.

On June 3, 2019, the Defendant, while under the influence of alcohol of 0.140% of blood alcohol level around 00:05, driven C-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

As a result, the defendant has violated the prohibition of drunk driving more than twice, and again passed a drunk driving.

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. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the criminal act that was re-established even though the defendant was punished for driving under drinking on several occasions as stated in the previous conviction, and the defendant's blood alcohol concentration is a considerable disadvantage to the defendant.

Recently, the social awareness of the harm of drinking driving has been raised, and the punishment of the Road Traffic Act has also been raised.

However, the defendant has no criminal record of the suspended sentence of imprisonment without prison labor or heavier, and considering the favorable circumstances that a considerable period of time has elapsed from the previous drinking driving.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and consequence of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case.