Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant received a summary order of KRW 6 million on May 7, 2012 from the Daegu District Court on the charge of violation of the Road Traffic Act, and the summary order of KRW 2.5 million on December 29, 2017, respectively.

On March 19, 2020, at around 00:35, the Defendant driven an EM3 vehicle while under the influence of alcohol with approximately 0.145% alcohol concentration at a section of about 100 meters from the Do in front of Busan City to D in the front of Busan City.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: The application of criminal records, repeated statements, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a training twice, the execution of a sentence is postponed by taking into account the fact that there is no criminal history of imprisonment without prison labor or heavier punishment, the Defendant’s age, occupation and family relationship, etc., and the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment after the implementation of the Road Traffic Act, and the degree of blood alcohol concentration exceeds the criteria for the revocation of the license, and most of all citizens, in light of the rapid propagation of the Daegu-Seoul metropolitan region and the 19 virus, and the fact that all citizens are faced with the “social distance range” and are engaged in external activities, and the driving is reduced, it cannot be deemed that a serious warning is necessary. However, the execution of a sentence is suspended by taking into account the Defendant’s age, occupation and family relationship, etc., and the systematic supervision and supervision of probation officers and education of safety and defense for the prevention of re-offending, as the order of attending a training order and its compliance.