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 Power] On September 5, 2007, the Defendant was issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On December 15, 2019, at around 23:22, the Defendant driven a 100-meter radius from the front of the Dong-gu Busan B apartment road to the front of the same Gu C apartment road, with a blood alcohol concentration of 0.038%, while under the influence of alcohol level, the Defendant driven D Daelim City 108CC 108.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind);

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, despite the fact that the defendant was punished for drunk driving, was committed the crime of this case. However, the previous previous criminal records were 2007 and the defendant did not have any other criminal records than the above criminal records, the distance of the defendant's drunk driving is not relatively long, and the blood alcohol concentration is relatively low, and the sentencing conditions specified in the arguments of this case, such as the defendant's age, health status, character and behavior, family environment, circumstances of the crime, means and result, etc., are comprehensively taken into account, and the sentencing conditions specified in the arguments of this case are determined as ordered.