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

[criminal power] On September 18, 2007, the Defendant issued a summary order of KRW 1.5 million at the Busan District Court as a crime of violation of the Road Traffic Act, on December 16, 2014, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on January 12, 2016, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 16, 2019, at around 11:35, the Defendant driven D Lasta car with the blood alcohol concentration of about 0.205% from the front parking lot of the Busan Jin-gu B building to the front road of the same Gu C from around 5 meters.

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. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports (former records and attachment of judgment) and statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant committed the instant crime even though he/she had been punished several times due to the violation of the Road Traffic Act, and the blood alcohol concentration at the time of committing the instant crime is considerably high, and the responsibility for such crime is heavy.

However, considering that the distance driven by the defendant is only five meters, and that it does not repeat a crime, it is advantageous to the disposal of the vehicle.

In addition, the defendant's age, character and conduct, family environment, motive and consequence of the crime, circumstances after the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the records and pleadings, shall be determined as per the disposition.