A defendant shall be punished by imprisonment for six 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 12, 2008, the Defendant received a summary order of KRW 1 million from the Busan District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 1 million from the same court on November 19, 2009 due to the same crime, etc.

On March 24, 2019, at around 21:50, the Defendant driven an ES80 72C oba under the influence of alcohol concentration of approximately 0.098% while he was under the influence of alcohol at around about 150 meters from the front of the office in the French-gu Busan Metropolitan City to the front of the Diplomatic Association located in C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the situation of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the results of the control of drinking driving;

1. Disqualifications, chassiss, and mandatory insurance associations of the main office;

1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 under Article 62-2 of the Criminal Act is that the defendant has been punished for drinking driving on several occasions, and it is necessary to strictly punish the defendant as stated in the second sentence.

However, considering the fact that the defendant's previous conviction was about about 10 years, that the defendant has old age, that the defendant has expressed his intention not to drive under the influence of alcohol any longer by scraping the misperception stated in the facts of the crime in the judgment, and that the defendant has no previous conviction above the suspension of execution, the circumstances favorable to

The age, character, conduct and environment of the defendant, and the crime of this case.