A defendant shall be punished by imprisonment for one year.

except that 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 May 25, 2007, the Defendant received a summary order of KRW 700,000,000 from the Busan District Court’s branch court as a crime of violation of the Road Traffic Act.

【Criminal Facts】 On February 27, 2020, the Defendant driven the EM5 vehicle under the influence of alcohol level of about 0.171% from a 180-meter section from the front of the cafeteria to the road located in the same Gu as “C” restaurant located in the Southern-gu Busan Metropolitan City B, to the road located in the same Gu D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. The reason for sentencing under Article 62(1) of the Criminal Act, even though there was a history of punishment as a drunk driving, the defendant was engaged in drinking while driving at the same time, and the degree of drinking and the accident of contact was serious.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.