A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 28, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court, and a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court on November 5, 2010.

[2] On October 16, 2020, around 03:08, the Defendant driven DK7 hybrid car under the influence of alcohol concentration of about 20 meters from the entrance to the front of the same apartment C Dong guard room at the Busan B apartment building B, Busan, Busan, and around 03:08.16.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol in violation of the provision prohibiting driving under the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report, investigation report (on-site mobilization and control status, etc.), investigation report (in-depth inquiry of the results of the suspect's crackdown on driving alcohol), and investigation report;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of criminal history of the same kind) statute;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service has been three times the charges of violating the Road Traffic Act. However, the Defendant committed the instant crime.

The defendant's blood alcohol concentration is very high.

However, it shall be considered that there is no criminal history exceeding the fine for the defendant, and the distance of the defendant's driving is relatively short, etc. due to favorable circumstances.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family environment, background of the crime, circumstances after the crime, etc., and all the conditions for sentencing as shown in the records and arguments of this case.