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 May 20, 2015, the Defendant was notified of a summary order of a fine of one million won as a crime of violating the Road Traffic Act (driving) in the Busan District Court’s Vice-Support on May 20, 2015.

【Criminal Facts】

On August 24, 2020, the Defendant, as seen above, once again driven a C-Adi vehicle while under influence of about 0.122% of blood alcohol concentration at approximately 150 meters from the Do in the upper Dong-dong of Busan-si to the front road of the same city. On August 24, 2020, the Defendant violated Article 44(1) of the Road Traffic Act at least 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 the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend a lecture is an offense in which the life of a person who is not only his/her own but also another person can be taken, and the crime of this case is not good, and the defendant committed the crime of this case when he/she had been punished three times due to drinking and driving without a license.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that there is no criminal history exceeding the fine, the driving distance was relatively short, the punishment as stated in the order shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and the execution of the punishment shall be suspended only once.