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

The suspect is a person who was sentenced to a fine of one million won from the Busan District Court on November 27, 2014 due to the suspicion of violation of the Road Traffic Act (driving).

The suspect is a person engaged in driving a BM5 vehicle.

On August 21, 2019, under the influence of alcohol concentration of 0.088% on blood alcohol level around 23:35 on August 21, 2019, the suspect driven a 3km distance of about 0 km from the road under the front side of North-gu E in Busan, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver's standing statement, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the criminal act in the second judgment is disadvantageous to the defendant even though the defendant had a record of punishing drinking driving like the previous conviction in the judgment.

However, considering the fact that the risk of drinking driving is not realized, such as traffic accidents, the fact that the defendant sells a motor vehicle and again expresses his/her intention not to drive a drinking again, and that the defendant has no record of being sentenced to a suspended sentence of imprisonment or heavier punishment, the circumstances favorable to the defendant shall be considered.

In addition, the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, circumstances after the crime, and other sentencing conditions specified in the pleading of this case shall be determined by taking into consideration only once, and the punishment shall be determined as ordered by the order.