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 history] On September 11, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court.

[2] On December 7, 2020, the Defendant driven a Fcoon car in the state of alcohol alcohol concentration of about 0.175% from a section of about 200 meters from the front of the “C cafeteria” road in Kimhae-si B to the front of the D apartment E-dong in Kimhae-si.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A previous conviction on the statement of the circumstances of the driver who is placed in the main place, investigation report, and previous conviction on the result of crackdown on drinking driving: Application of an inquiry letter, such as criminal history, and application of Acts and subordinate statutes on the investigation status;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. According to the reasoning of sentencing under Article 62-2 of the Criminal Act, considering the fact that the defendant had had the same record as drinking two times of drinking, the crime of this case was committed despite the fact that the defendant had a high alcohol concentration in the blood of the defendant at the time of the crime of this case, the punishment is determined as ordered.