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 18, 2007, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On March 29, 2020, at around 21:15, the Defendant driven a DMW car in the state of alcohol alcohol concentration of about 0.148% from the Busan Jin-gu B apartment parking lot to the Busan Jin-gu C apartment underground parking lot.

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. Investigative report (investigative report to A of a Suspect), investigation report (in the field, etc.);

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to reports on internal investigation;

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 even though he/she had the record of being punished for the violation of the Road Traffic Act.

The defendant's blood alcohol concentration is not low.

However, considering the favorable circumstances that the defendant had no particular criminal records from the previous criminal records in 2007 to the previous criminal records in this case.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, family environment, mileage, background of the defendant's crime, circumstances after the crime was committed, etc., and all the conditions for sentencing specified in the records