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 February 29, 2012, the Defendant was sentenced to the suspension of indictment on the charge of violating the Road Traffic Act at the Dong site of the Busan District Prosecutors' Office on February 29, 2012, and was sent to the Busan Family Court on June 27, 2013 as a juvenile protection case due to a violation of the Road Traffic Act (driving). On November 16, 2017, the Defendant was sentenced to the suspension of the execution of 8 months for a violation of the Road Traffic Act (driving) at the Busan District Court.

On July 17, 2019, at around 00:10, the Defendant driven a e-car while under the influence of alcohol content of about 0.047% in a section of about 300 meters, which is located in Pyeongtaek-si C, from the vicinity of Pyeongtaek-si to the adjacent road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (verification of the same kind of drinking power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. The sentence of Article 62-2(1) of the Criminal Act on probation and order to attend a probation is imposed on the Defendant, who has been punished for a suspended sentence due to drinking driving, etc., but its nature is not good in that the Defendant again commits the instant crime. However, the execution of imprisonment shall be suspended in consideration of the fact that the Defendant became an adult, the Defendant’s mistake is divided, and the degree of blood alcohol level was not high, and an incidental disposition shall be imposed to prevent recidivism.