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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 2, 2008, the defendant was issued a summary order of 2.5 million won by the Busan District Court for the crime of violation of the Road Traffic Act.

On June 4, 2020, at around 02:42, the Defendant driven C Lastren car in the state of alcohol 0.136% of blood alcohol concentration on the road from the front day of the death of the mutually influorous fluorous fluoral coloned in the main state of the Busan Seo-gu, Busan, to the front day of the Busan Seo-gu B Manstion.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions indicated in the judgment: Application of a copy of criminal records, inquiry report, and summary order;

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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, even though he had a record of being punished for drunk driving, has committed a second offense, and that the defendant, who caused a traffic accident, has realized the risk of drunk driving, is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has been punished for drinking driving for more than ten years, the fact that the defendant has expressed his/her intention not to drive a motor vehicle any longer, such as scrapping of the motor vehicle, etc.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.