A defendant shall be punished by imprisonment for not less than eight months.

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

[Criminal Power] On December 28, 2016, the Defendant was notified of a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Busan District Court’s branch branch court (driving) on December 28, 2016. On May 26, 2017, the Defendant was notified of a summary order of KRW 4 million for the same crime at the Busan District Court.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, on October 25, 2018, at around 22:12, the Defendant driven a D car, which is owned by the Defendant, under the influence of alcohol leveling 0.073% of alcohol level from approximately 180 meters to C, from the frontway of the Busan Coast Zone B to the frontway.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial report of a drinking driver, the report on the circumstantial statement of a drinking driver, the investigation report, the response to requests for appraisal, and the inquiry into the results of the crackdown on drinking driving;

1. Previous records: Application of a written inquiry, such as criminal records, and a summary order of each same kind of power;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has driven three times from 2016 to 2018 under the influence of alcohol. However, the defendant made a confession of all crimes and repents his mistake in depth, it cannot be said that the blood alcohol concentration level at the time of drinking driving is high, and there is no record of criminal punishment except for those punished twice by the violation of the Road Traffic Act due to drinking driving, and the defendant's age, occupation, etc. are considered.