A defendant shall be punished by imprisonment for two years.

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 power] On December 10, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Busan District Court. On November 14, 2018, the Defendant issued a summary order of KRW 4 million for the same crime.

【Criminal Facts】

At around 05:50 on July 11, 2020, the Defendant driven an EM6 car from a section of about 30 meters from the entrance front of the B apartment in Busan Northern-gu to the neighboring road of the D Administrative Welfare Center located in the same Gu C, while under the influence of alcohol of 0.145% of alcohol level.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. A written statement prepared by the defendant in his legal statement, the results of the drinking driving control conducted, and the investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation status (the latest same type of punishment power of a suspect), and 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. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the instant crime even before two times, even though he/she had been punished for drinking driving, and the Defendant’s blood alcohol concentration at the time was relatively high.

On the other hand, the fact that the defendant recognized the crime of this case, the distance of drinking driving is relatively short, and the defendant has no specific criminal power in addition to the crime of violation of the Road Traffic Act, considering favorable circumstances such as the defendant's age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the circumstances revealed in the arguments, including the defendant's age, character and conduct