A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 July 12, 2018, the defendant was sentenced to a summary order of a fine of one million won by the Busan District Court for a violation of the Road Traffic Act.

On June 28, 2019, at around 04:50 on June 28, 2019, the Defendant driven a FK5 vehicle under the influence of alcohol leveling 0.087% from the section of approximately 200 meters from the C convenience store located in Busan Jin-gu, Busan to the D Apartment E-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. The reasoning for sentencing under Article 62(1) of the Criminal Act, based on the fact that the Defendant was punished by a fine for drunk driving in 2018, the blood alcohol content and the blood alcohol content of the instant case, and the Defendant’s moving to the place of his/her house to the place of his/her house, shall be determined as per Disposition, taking into account all the circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the offense,