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

On July 26, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and on November 7, 2012, the Defendant received a summary order of KRW 2 million as a fine for the same crime at the same court on November 7, 2012, and on May 30, 201, the Defendant received a summary order of KRW 5 million as a fine for the same crime at the same court.

On February 11, 2020, at around 05:22, the Defendant driven the E rocketing car volume with approximately 40m alcohol concentration of about 0.171% under the influence of alcohol from the 40m section to the front road of the Dental Institute located in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation and response to requests for appraisal;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures lies in the criminal act in the second judgment even though the defendant had been punished for the previous drunk driving, and the defendant's blood alcohol concentration is a considerable disadvantage to the defendant.

However, considering the circumstances favorable to the defendant that the defendant has no record of punishment heavier than that of imprisonment without prison labor.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.