1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[Criminal Power] On July 21, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch.

【Criminal Facts】

around 23:00 on August 25, 2020, the Defendant driven a vehicle E with approximately 20 meters of alcohol level under the influence of alcohol level 0.124% under the influence of alcohol level 0.124% on a road from the front of the building D, which was located in Seocheon-si B, Seocheon-si B, to the front of the building D.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports (A), investigation reports (Attachment to summary orders of the same kind of suspect), and application of Acts and subordinate statutes of a summary order;

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 driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2015 and 2016, he/she committed the same crime at once, so his/her responsibility cannot be deemed to be mitigated.

The blood alcohol concentration measured was 0.124% and it was difficult to drive normally.

However, the sentencing conditions, such as character and behavior, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration, and distance between the previous drunk driving, etc., which can be known through pleadings, have been comprehensively taken into account.

It is so decided as per Disposition for the above reasons.