Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final.

Punishment of the crime

[Criminal Power] On January 23, 2014, the Defendant was sentenced to imprisonment with prison labor for six months, suspension of execution of two years, community service hours, 80 hours, and 8 months at the Busan District Court on March 18, 2009, for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 15, 2019, at around 10:42, the Defendant driven C lusian car in the state of alcohol alcohol 0.079% while under the influence of alcohol from around 3km to the back of the lusium in the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the Busan.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Records of ruling: Application of criminal records, inquiry reports, investigation reports (including attachment to the same type of power decisions, etc. and attached judgments) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant has been punished several times for the violation of the Road Traffic Act, but considering the fact that he again left to the crime of this case, it is necessary to strictly punish the defendant.

However, the defendant recognized the crime of this case and divided his mistake, the criminal records stated in the crime of this case were less than five years prior to the date of the crime of this case, and the defendant was driving after taking four hours from his house after drinking alcohol, and the defendant was under the influence of drinking alcohol as a result of the remaining drinking alcohol, and there are circumstances to consider it.