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 of the final judgment.

Punishment of the crime

[Criminal Power] On June 11, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 20, 2020, around 15:43, the Defendant driven a DNA car with approximately 400 meters in alcohol while under the influence of alcohol level of 0.168% from the front of the Busan Seo-gu B to the front of the Gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment against the defendant, considering the fact that the defendant had been punished for the violation of the Road Traffic Act, even though he had the record of serving again in the crime of this case, and that the degree of drinking at the time of driving under the influence of alcohol in this case was serious.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the records recorded in all the facts constituting the crime of this case are about 10 years, the distance of this case is not clear, the defendant's health is deemed to be poor, and the punishment as ordered shall be determined by taking into account the conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.