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 April 26, 2018, 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 11, 2020, at around 22:45, the Defendant driven an Eban vehicle under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.146% from the Do adjacent to the C Park in Busan Northern-gu, to the front road of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A) and reporting results of confirmation 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 orders to provide community service and attend lectures lies in the circumstances unfavorable to the defendant, even though the defendant had a record of being sentenced to a fine due to drinking driving in 2018.

However, considering the fact that the defendant has no record of being sentenced to the suspended sentence of imprisonment without prison labor or heavier punishment, and that the defendant has caused a traffic accident and has not realized the risk of drinking driving.

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.