Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

[criminal power] On November 29, 2018, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Busan District Court's branch court's jurisdiction on November 29, 2018

【Criminal Facts】

On July 14, 2020, at around 01:30, the Defendant driven DMW car in the state of alcohol of about 0.102% of blood alcohol concentration from around seven kilometers from the front of the Gangseo-gu Busan building to the front of the Busan Metropolitan City Pour road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Legal statement, statement of the accused, inquiry into the results of the drinking driving control, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Even though the Defendant had had been punished for drinking driving, the Defendant again committed the instant crime despite the previous history of sentencing under Article 62-2 of the Criminal Act, the distance of drinking driving is reasonable, and the Defendant caused a traffic accident that shocks signal due to drinking driving.

On the other hand, the fact that the defendant recognized the crime of this case and reflects it, and that the defendant has no specific criminal power besides the crime of violation of the Road Traffic Act, etc. shall be considered as favorable circumstances. In full view of other circumstances shown in pleadings, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment as ordered shall be determined.