A defendant shall be punished by imprisonment for one year.

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 September 20, 2006, the Defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Busan District Court on September 20, 2006, and a summary order of 2.5 million won as a fine in the same court on November 2, 2009, respectively.

On May 16, 2019, the Defendant, who had been punished for drunk driving twice or more as above, driven a fS400 benz car under the influence of alcohol level of approximately 0.144% from the section of approximately 500 meters from May 16, 2019 to the front road located in Geum-gu, Busan, Geum-gu. D, the Defendant was under the influence of alcohol level of about 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was fined twice due to drunk driving in 2006 and 2009, taking into account the blood alcohol concentration of the instant case into account, and the defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered in light of all the circumstances constituting the conditions for sentencing, such as the defendant’s age, character and behavior, environment