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 of the final judgment.

Punishment of the crime

[criminal power] On August 3, 2006, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, on February 14, 2008, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, and on August 18, 2017, from the Busan District Court's Dong Branch Branch, a summary order of KRW 7 million for a crime of violation of the Road Traffic Act was issued.

【Criminal Facts】

The Defendant is a person driving B rocketing another car.

On March 6, 2020, at around 21:45, the Defendant driven the above vehicle under the influence of alcohol level of 0.202% with a section that cannot be known from the Nam-gu Busan Metropolitan City C apartment to the yellow Doc apartment road in the front of the yellow-gu, Busan Metropolitan City.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Statement by the defendant in this court;

1. Entry of the statement of the police suspect examination protocol to the accused in the traffic accident report (1), agreement to collect blood and statement of the written confirmation to the accused, and entry of the blood alcohol appraisal statement in the written confirmation;

1. Previous convictions indicated in judgment: References to criminal records and the application of Acts and subordinate statutes recorded in 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 reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order were that the Defendant was punished three times for the same kind of crime, and that the blood alcohol concentration at the time of the instant case is very high to 0.202%.

However, considering the fact that the defendant confessions the crime, disposes of the motor vehicle, and reflects the depth of the defendant, there is no other punishment except the above three times of punishment, and the defendant's punishment power is punished by a fine, the probation and community service order shall be added to one year.