Defendant shall be punished by imprisonment for a term of 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

[criminal record] On July 25, 2014, the defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 14, 2020, at around 22:30, the Defendant driven a D white lurged sport car owned by the Defendant while under the influence of alcohol level of about 0.111% in the section of about 100 meters in front of the Busan L/C in front of the Busan L/C in the direction of about 100 meters.

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

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, inquiry reports and summary order 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;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant committed the crime of this case again despite his previous record of punishment for drinking driving, the defendant's moving to a hospital after the breath test, delaying the procedure after moving the defendant's request, failing to comply with the procedure for collecting blood, etc. after the crime is committed.

On the other hand, considering favorable circumstances such as the defendant's recognition of the crime of this case and the fact that the defendant has no record of exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, character and conduct, environment, motive and circumstance of the crime.