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

[criminal power] On April 7, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on October 31, 2017, the Busan District Court issued a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

On August 7, 2020, at around 22:37, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.231% from the 200m section from the Busan East-gu Underground Parking Lot to the front side of the same apartment C-dong.

Summary of Evidence

1. Defendant's legal statement;

1. On the records of traffic accident reports (on the actual condition report), reports on the circumstantial statement of the driver concerned, reports on investigation reports (report on the circumstances of the driver concerned), 112 cases reports, and records as stated in investigation reports (on the spot conditions): The application of Acts and subordinate statutes on criminal records, etc. and criminal investigation reports (verification of the same type of suspect records);

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. Taking into account the fact that an order to attend a lecture or an order to attend a community service order causes an accident, such as shocking the unity by drinking driving on an apartment on the ground of sentencing under Article 62-2 of the Criminal Act, the third drinking driver in the last five years, and the blood alcohol concentration is very high.