A defendant shall be punished by imprisonment for not less than eight 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 August 19, 2013, the Defendant was issued a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act, etc. at the Busan District Court's Dong Branch, and on January 20, 2016, the Defendant was issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act at the Busan District Court's Busan District Court.

At around 03:00 on April 11, 2019, the Defendant driven a string car at a distance of about 25 meters on the roads near the Busan-gun, Busan-gun, while under the influence of alcohol content of 0.12%.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to an investigation report, a circumstantial statement of a driver of a driving school, a report on the situation of a driver of a driving school, a criminal record inquiry, and an investigation report;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. The punishment as ordered shall be determined in light of all the sentencing conditions, including the criminal records, blood alcohol concentration, age, environment, character and conduct, the course and consequence of the instant crime, and the circumstances after the crime, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act.