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

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 March 17, 2016, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act from the Busan District Court's branch branch on March 17, 2016, and on April 12, 2018, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act from the Busan District Court's branch branch on April 12, 2018.

Criminal facts

On September 27, 2019, the Defendant, while under the influence of alcohol of 0.186% of blood alcohol concentration on September 27, 2019, was driving Bcoc-C car at approximately 3km from the 3km section to the front road of the notice of the common vehicle for cargo, on the roads of the Busan High-dong Busan High-dong Busan High-dong Association, the Busan High-dong Articles of Association.

Accordingly, the defendant violated the duty of prohibiting driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

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

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are against the defendant, and there is no criminal record other than the previous conviction in the judgment, and the defendant's age, character and behavior, environment, motive and circumstance of the crime and circumstances after the crime, etc. shall be comprehensively taken into account and the punishment as ordered by the order shall be determined.