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 February 29, 2008, the defendant was issued a summary order of two million won or more for the crime of violating the Road Traffic Act at the Busan District Court, and a summary order of two million won or more for the same crime at the same court on July 6, 2009.

【Criminal Facts】

On January 22, 2020, at around 02:45, the Defendant driven a D observer car in the state of alcohol alcohol concentration of about 0.087% from around the subway station near the Pungdong of Busan to the front of the C funeral hall located in the north-gu of Busan.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime again even though he/she had been punished several times due to drinking driving in the past, and that the Defendant’s blood alcohol concentration was not lowered at the time.

However, considering favorable circumstances, such as the fact that the Defendant recognized the instant crime and reflected, and the fact that there was no record of punishment exceeding the fine, the sentence shall be determined as ordered by taking into account the following factors: the Defendant’s age, character and conduct, environment, details of the instant crime and circumstances after the crime.