A defendant shall be punished by imprisonment for not less than one year and six 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 January 30, 2013, the Defendant was issued a summary order of a fine of four million won by the Busan District Court for a violation of the Road Traffic Act.

On June 18, 2020, at around 02:35, the Defendant driven a Frane car with approximately 500 meters alcohol concentration of 0.192% while under the influence of alcohol at approximately 0.192% from the front side of the C-ro in Jin-gun B to the E-ro in D.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drunk driving, a report on the circumstance of a drunk driver, an investigation report, an internal investigation report (in-house death, etc. on the moving route of vehicles), and an investigation report (in-house CCTV image attached to a suspect's CCTV image);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The punishment as ordered shall be determined by taking into consideration all the circumstances, including the reason for sentencing under Article 62-2 of the Criminal Act, the fact that the defendant is against the crime, the fact that the defendant has no criminal record exceeding the fine, etc.;