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 becomes final and conclusive.

Punishment of the crime

On March 15, 2010, the Defendant was issued a summary order of two million won or more as a fine for a violation of the Road Traffic Act at the Busan District Court on March 15, 2010, and two million won or more as a fine at the Ulsan District Court on April 5, 2010.

On February 22, 2019, the Defendant violated the prohibition of drinking driving twice, and driven a motor vehicle at D Mali-ri, under the influence of alcohol alcohol concentration of about 0.134% from a public parking lot where the trade name in the vicinity of Busan Shipping Daegu is unknown, to the front road of the same Gu, from around 1.5 km to a public parking lot where the trade name in the vicinity of Busan Shipping Daegu B hotel is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statement of a driver, investigation report, request for appraisal of blood alcohol concentration, internal investigation report (in response to a reply to an appraisal of blood alcohol), criminal history records, etc. and investigation report (informating copies of the same summary order against a suspect), and criminal investigation report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. The punishment as ordered shall be determined in light of all the sentencing conditions, including the criminal records, blood alcohol concentration, age, environment, character and conduct, the course and consequence of the instant crime, and the circumstances after the crime, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act.