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 June 25, 2007, the defendant was issued a summary order of KRW 2,00,000 as a fine for violation of the Road Traffic Act in the Busan District Court's branch court's branch court.

On May 22, 2020, the Defendant driven a car at approximately 45 km from the road near Busan C University located in Seo-gu, Busan to the central highway located in Seoyangyang-si, Samyang-si, while under the influence of alcohol of 0.157% of blood alcohol level around 21:43.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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 on the grounds of sentencing is the revision of the current Road Traffic Act to attain the general preventive effect of punishment by strengthening the control standards and statutory punishment for drunk driving, eradicating the social damage caused by drunk driving, establishing a traffic order, etc. Even though the defendant had a record of punishment for drunk driving, he/she again drives under the influence of alcohol without awareness of the danger of drunk driving, he/she was under the control of driving on an expressway at night, and the driving distance is considerably long, and the degree of driving is very serious.

However, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for committing the crime and circumstances after committing the crime, shall be determined as ordered in consideration of the fact that the defendant does not repeat the crime of this case while against the crime of this case, there is no other criminal records except for the previous records in the judgment, and there is no other criminal records.