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

However, the execution of the above punishment for three years from the date of the final judgment.

Punishment of the crime

On December 10, 2008, the defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Busan District Court on December 10, 2008.

At around 22:00 on July 14, 2020, the Defendant driven an EXE car under the influence of alcohol concentration of about 0.162% on the road of approximately 1 k-meter from the adjacent factory sites in the Haban-gun B building to the C apartment D-dong parking lot.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of two separate Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, and summary orders;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once 208 due to drunk driving, and a suspended sentence of imprisonment once 208, was sentenced to a suspended sentence, and was also under the influence of drinking.

Traffic accidents that cause other vehicles in the course of parking during drunk driving have also caused.

In the blood alcohol concentration of 0.162%, the state of exploitation is also significant.

However, there was no loss of human life due to traffic accidents.

There shall be no other criminal records after 2008.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.