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 March 22, 2017, the Defendant received a summary order of KRW 1,50,000,000 from the Busan District Court’s branch court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 19, 2020, at around 04:30, the Defendant driven the E-Wz car from the front of the C cafeteria located in Busan Shipping Daegu B to the front of the same Gu, under the influence of alcohol concentration of about 0.088% from about 1km to the road of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. A previous conviction in judgment: An inquiry letter and the application of Acts and subordinate statutes of the same type of investigation report (verification of the same type of force);

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. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) motive and circumstance of the instant crime; (d) the means and consequence after the instant crime was committed;

The favorable sentencing condition: The crime of this case appears to be recognized and reflected, and the sentencing condition unfavorable to the fact that there is no record of criminal punishment other than the criminal records in the judgment: The crime of this case is committed again even though it has been sentenced to a summary order of a fine due to drinking driving.