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

On December 31, 2015, the defendant has been notified of a summary order of a fine of three million won due to the violation of the Road Traffic Act in Busan District Court's branch branch court.

On July 4, 2020, at around 00:01, the Defendant driven a F Pestn car in the state of alcohol alcohol concentration of about 0.115% in a section of about 500 meters from the upper corner of “C” in Yangsan City B to the front road in D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on the circumstances of the accused's legal statement, and inquiry into the records of the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal history records, inquiry reports (A), investigation reports (a copy of the same type of power verification-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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of others as well as his/her own, and the defendant has already been punished for a drunk driving, but he/she is favorable to the fact that he/she is driving of this case: The defendant is against the defendant, and there is no past record of suspension of execution or higher.