A 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 August 21, 2013, the Defendant received a summary order of KRW 5 million from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】 Around November 22, 2019, the Defendant driven a Chigh-est car under the influence of alcohol leveling of about 0.066% from the 200-meter section to the front of the mutual influorial care hospital located in the north-dong in Yangsan-si, Yangsan-si to the front of the same city B apartment at approximately 200 meters.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

around 22:00 on December 13, 2019, the Defendant driven a C low-speed car with approximately 1km alcohol content of about 0.072% while under the influence of alcohol from the section of about 1km to the front road located in the same city E from the D Village in Gyeyang-si to the front road in the same city.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

"2019 Highest 4702"

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. References to criminal records, etc., report on the failure to conduct dispositions and report on the results of confirmation (attached to summary orders);

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., investigation reports (attached to a summary order), Busan District Court Decision 2013 High Court Decision 213 High Court Decision 12134 shall apply;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The defendant's age, character and conduct, environment, motive and circumstance of the crime along with the sentencing circumstances of the defendant, as stated in the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend school.