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 September 16, 2010, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's branch court's order on September 16, 2010

【Criminal Facts】

around 00:50 on October 31, 2019, the Defendant driven D MINI Cooper D car while under the influence of alcohol concentration of about about 5km from the front of the reciprocal incompetence road located on the surface of the Busan Metropolitan Government’s Articles of Incorporation to the front road of the Geum-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Records before judgment: Criminal records, etc., and the application of Acts and subordinate statutes of inquiry reports and investigation reports (Evidence List Nos. 10);

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. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. committed a second offense despite having the Defendant’s history of drinking alcohol, and the Defendant was under the influence of alcohol to the extent close to the revocation level of license 0.09% and was under the influence of alcohol level 0.09%, the Defendant was selected to be sentenced to imprisonment in light of the circumstances of driving 5km. However, the Defendant’s age, character, and environment, including the following circumstances favorable to the Defendant, including the fact that there was no other criminal power except before and after the driving of the front line, and there was no accident during driving, and the Defendant did not cause an accident,