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

[Criminal Justice] On July 27, 2016, the Defendant was subject to a disposition to forward juvenile protection cases due to a violation of the Road Traffic Act (driving) at the Busan District Court Seo-gu Office, and was subject to a disposition to forward juvenile protection cases due to the same crime at the same office on August 9, 2017.

【Criminal Facts】

1. Around 04:30 on March 21, 2020, the Defendant driving a 800-meter section from the front side of the C pharmacy located in the Busan Seo-gu, Busan, to the front side of the E Convenience store located in D, with a blood alcohol concentration of 0.125%.

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

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated otobs under the preceding paragraph, which was not covered by mandatory insurance, at the location under the preceding paragraph.

Summary of Evidence

1. Legal statement, statement of the accused, inquiry into the results of the drinking driving control, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (formers and confirmations) and Acts and subordinate statutes;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders with imprisonment who choose to engage in the crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, order to attend a lecture, or order to attend a community service order is that the defendant has been subject to juvenile protective disposition several times due to a violation of the Road Traffic Act (driving) or a violation of the Guarantee of Automobile Accident Compensation Act, but re-driving the instant drinking driving, and operated an erroneous boom which has not been covered by liability insurance. In light of the risk of running a drunk driving and liability insurance, it

In addition, the blood alcohol concentration measured by the defendant at the time is measured.