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 August 20, 2009, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on November 28, 2016, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for the same crime in the same court.

On July 2, 2020, at around 06:03, the Defendant driven a two-wheeled automobile with a blood alcohol concentration of about 0.214% from the front side of the Bridge in Busan Dongdong-gu to the front side of the C apartment complex in approximately 300 meters, under the influence of alcohol concentration of about 0.214%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of investigation reports-related 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, including probation, community service order, and order to attend a lecture, committed again the instant crime despite the fact that the Defendant had the record of punishment for the same crime; the Defendant’s blood alcohol level; and the Defendant’s scrapping of the instant two-wheeled automobile; and the Defendant’s age, character, conduct, and environment, etc. In addition, the punishment as the order shall be determined in consideration of various kinds of conditions of sentencing indicated in the public trial, such as