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 6, 2013, the defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

On November 16, 2019, at around 17:26, the Defendant driven a Fsp motor vehicle under the influence of alcohol content of about 20 meters from a section of about 0.157% of alcohol content to the eac shop located in Jinhae-si D from the front of the C restaurant located in Jinhae-si, Changwon-si, Jinwon-si to the roads adjacent to the Eac shop in Changwon-si.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, results of the control of drinking driving, and a report on the actual state of drinking drivers;

1. Previous records: Application of criminal records and other inquiries 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 ( considered as follows):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the fact that there is a past record of punishment for driving under drinking [unfavorable circumstances], the fact that there is no criminal record of suspended execution or more, and the fact that it is against the law;