A 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 March 21, 2012, the Defendant was sentenced to a summary order of two million won or more due to a violation of the Road Traffic Act in Busan District Court's branch court's order on March 21, 2012, a summary order of two million won or more due to the same crime in the same court on June 24, 2013, and a summary order of six million won or more due to a violation of the Road Traffic Act in the same court on July 4, 2014, respectively.

On December 4, 2018, the Defendant had been punished for drinking driving two or more times, but around 23:30 on December 4, 2018, operated B K3 motor vehicles under the influence of alcohol with approximately KRW 0.160% alcohol level from the cafeteria located in the hot spring dong of Busan to the front road of the Dong-dong public parking lot in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the surrounding driver;

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

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act takes into account the fact that the defendant had been punished three times for drunk driving again, and is judged as ordered by taking into account all the circumstances such as the blood alcohol concentration and value of alcohol in this case, and the age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.