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

[criminal power] On January 17, 2016, the defendant was issued a summary order of 1.5 million won by the Busan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 12, 2019, at around 22:44, the Defendant driven a C SP vehicle under the influence of alcohol with approximately 2.5km alcohol level of about 0.11% from the 2.5km section to the front road of the Busan Coast Station located in the Busan Coast Guard.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation records, including criminal records, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (hereinafter “the grounds for imprisonment”)

1. The reason for sentencing under Article 62-2 of the Criminal Act committed again the crime of this case even though the defendant had the record of criminal punishment for drunk driving, and the blood alcohol concentration level at the time of the crime is not lower than that of the blood alcohol level at the time of the crime. However, even though the defendant confessions all the crimes and repents his mistake in depth, there is no record of criminal punishment except for punishment imposed three times by a fine, and the defendant's age, occupation, etc. is considered as ordered.