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 29, 2010, the defendant was issued a summary order of two million won by the Busan District Court for the crime of violation of the Road Traffic Act.

At around 21:40 on September 10, 2020, the Defendant driven an Eststren vehicle under the influence of alcohol with 0.5 km alcohol concentration of 0.102% from the front of the C Station located in Yangsan City B to the front of the D apartment at the same time.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the report on the circumstantial statement of the driver, the records of criminal records and investigation reports (the confirmation report of the same kind of records) as a result of regulating drinking driving

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment against the defendant shall be determined in consideration of all the conditions of sentencing against the defendant, including the circumstances leading to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;