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 April 11, 2013, the Defendant was issued a summary order of KRW 1 million at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

around 23:00 on June 9, 2020, the Defendant driven a Fk7 car under the influence of alcohol content of about 0.132% from the front of the “C” road located in Yangsan City B to the front road located in D in Yangsan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, reports on the circumstantial statements of a drinking driver (pre-post records), criminal records, and to criminal investigation reports (verification of the same type of force) and the application of 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. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime; however, the crime of this case has been led to the confession of the crime of this case; the mistake has been divided; there has been no record of punishment exceeding the fine; the minor is raising the minor; the minor is raising the minor; the defendant's age, environment, blood alcohol concentration and driving distance; and other various sentencing factors, such as the circumstances after the crime, shall be determined as the order.