A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 27, 2007, the Defendant was sentenced to a fine of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Busan District Court’s Dong Branch Branch, and KRW 4 million as a fine at the Busan District Court on July 25, 2016, respectively.

around 10:03 on May 15, 2019, the Defendant driven an E Car with approximately 22 kilometers from the Busan Shipping Daegu apartment parking lot to the front road located in Busan L/C, and while under the influence of alcohol level of about 0.091%, the Defendant driven an E Car with alcohol level of about 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (criminal records of drunk driving - drinking);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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 of the suspended sentence is that the defendant had the record of drinking driving, as stated in the judgment of the court below, and that the drinking driving of this case was done again, and that the distance of drinking driving was long.

However, considering the fact that the defendant reflects the fact, that the blood alcohol concentration is relatively low, and that the driver was discovered while driving a vehicle in the line of duty without the resolution of the night and there are some circumstances that may be somewhat considered in the circumstances leading to the drinking driving, the punishment as described in the text shall be determined.