A defendant shall be punished by imprisonment for one year.

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

On May 15, 2013, the Defendant issued a summary order of a fine of three million won for a crime of violation of the Road Traffic Act at the Busan District Court on May 16, 2014, and was sentenced by the same court on May 16, 2014, and was sentenced to a summary order of 2.5 million won or more as a fine for the same crime, and driving a DNA ball vehicle under the influence of alcohol concentration of about 0.147% in the section of approximately 2 km from September 28, 2019 to the entrance of the Seongbuk-dong, Busan District Court on September 26, 2019.

Accordingly, the defendant was a person who violated the prohibition of drunk driving more than twice, and was driving again.

Summary of Evidence

1. Defendant's legal statement;

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

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

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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Drinking driving is highly likely to infringe on the life and property of others as well as himself/herself.

The Defendant, even though he was able to be punished for drinking driving, has reconvened to commit the instant crime.

At the time of the instant crime, the Defendant’s blood alcohol concentration is considerably high.

In favorable circumstances: The defendant shows an attitude to recognize and reflect his mistake, and there is no history of punishment exceeding the fine.

In addition, in consideration of the age, character and conduct of the defendant, motive, means and result of the crime, circumstances before and after the crime, etc., various circumstances constituting the conditions for sentencing as shown in the arguments in this case, the punishment as ordered shall be determined.