A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 September 16, 2009, the Defendant issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Busan District Court on September 16, 2009, and a summary order of a fine of three million won by the same court on November 6, 2015, respectively.

On July 24, 2019, the Defendant, who was punished for drunk driving as above, driven a DNA car, which is owned by the Defendant, with approximately 700 meters alcohol concentration of approximately 0.055%, from the road in front of the Busan Dongdong-gu to the road in front of the Busan Dong-gu, Busan, at around 07:10 on July 24, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

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

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was punished by a drinking alcohol in 2009 and 2015, taking into account the fact that the Defendant was punished by a drinking alcohol level and drinking alcohol level on the blood alcohol level in the instant case and driving on the following day of drinking, and is determined as above in light of all the circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance of the offense, and circumstances after the commission of the offense.