A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 6, 2009, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court on July 6, 2009; and on June 2, 2015, the same court issued a summary order of KRW 2 million to a fine for the same crime, etc.

Although the Defendant had been punished for drinking driving more than twice as above, around 23:00 on June 18, 2019, the Defendant driven D 124CC under the influence of alcohol leveling of about 0.052% from around 200 meters from the 200-meter section from the Busan B market near the Busan B market to the front road of the Busan B market.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records, etc. and other 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); the choice of imprisonment for a crime;

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

1. It is so decided as per Disposition in full view of the following: (a) there is no history of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act; (b) his/her mistake is against himself/herself; (c) motive and background of the crime; and (d) blood alcohol concentration at