The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 25, 2010, the Defendant was issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.

On September 14, 2019, at around 00:04, the Defendant driven D Launa car with approximately 500m alcohol concentration of 0.09% under the influence of alcohol from around 00:0 to the front road of the same city.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Number of an order to attend a course of education, the frequency of punishment for the same kind of crime is time interval with the crime, the confession of the crime, the misunderstanding is divided, and the recidivism is not possible, and the punishment is determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc.