The punishment of the accused shall be determined by a year of imprisonment.

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

Punishment of the crime

On February 17, 2016, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch, etc. On November 30, 2015, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) and issued a fine of KRW 2 million in the same court on November 4, 2010.

On October 1, 2019, at around 22:15, the Defendant driven a passenger car at the section of 30 meters inside the parking lot while under the influence of alcohol concentration of 0.156% in a public parking lot located in Kimpo-si B.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes, such as a report on investigation (report attached to the same type of judgment) and a copy of judgment attached thereto;

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 value of blood alcohol concentration for the reason of sentencing under Article 62-2 of the Criminal Act is significant, the fact that there was three times of punishment due to drinking driving, including the suspension of the execution of imprisonment, prior to the instant crime, prior to the occurrence of the crime, the circumstance of detection, the circumstance of detection, the situation at the time of detection, the operational section, the defendant's behavior revealed in CCTV in the crime scene, etc., the defendant's statement is persuasive, the confession of the crime, the confession of mistake, the intention of not reoffending, such as the defendant's age, character and behavior, the environment, the background of the crime, and the circumstances after the crime, etc. are shown in the argument of this case.