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

[criminal power] On September 26, 2014, the Defendant issued a summary order of KRW 1.5 million at the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million at the same court on May 15, 2015, respectively.

【Criminal Facts】

On January 4, 2020, at around 21:10, the Defendant driven an E L-Wing Vehicle in the state of alcohol alcohol concentration of about 0.175% from a section of about 3 km from the front of the Busan Seo-gu B apartment road to the front of the Driju Station located in the same Gu C to the Driju Station.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Investigation report (Report on the status of an employee);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant is highly likely to be subject to criticism by driving under the influence of alcohol again even though he/she has been punished three times due to drinking.

At the time of driving, blood alcohol concentration is high.

The defendant recognizes his own crime.

The defendant has no power to be punished heavier than a fine.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.