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

On December 3, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court on December 3, 2014, and on January 23, 2015, the Busan District Court issued a summary order of KRW 3 million for the same crime.

On August 16, 2019, the Defendant, who was punished for drunk driving, driven D 124CC, which was owned by the Defendant, under the influence of alcohol concentration of approximately 0.067% from the section of approximately 6km from the front of the north-gu, Busan to the front of the Fri-gu, Busan at around 02:03, on August 16, 2019, under the influence of alcohol concentration of about 0.067%.

Summary of Evidence

1. Defendant's legal statement;

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

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are as follows: (a) even when the defendant was sentenced to a fine twice due to drinking within five years, he/she again drives under the influence of alcohol; (b) taking into account the blood alcohol concentration of this case; and (c) taking into account all other circumstances such as the defendant’s age, character and conduct, environment, motive and circumstance of the crime and circumstances after the crime, etc.