A defendant shall be punished by imprisonment for two years.

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

On July 21, 2008, the defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Busan District Court's branch court.

On September 21, 2019, the Defendant was under the influence of alcohol of 0.071% of blood alcohol concentration on September 21, 2019, and was driving D Aridi-di-car from the front road in Busan-gu, Busan-do to the front road of the 1km-dong in the same Gu, from the front road in Busan-gu to the front road of the 1km-dong.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. The execution of a suspended sentence under Article 62(1) of the Criminal Act is suspended considering the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act was sentenced to a fine three times due to drunk driving and considering the degree of blood alcohol concentration in this case and the degree of no punishment has been imposed since 2010;

In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.