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 April 12, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Branch Branch.

【Criminal Facts】

On January 18, 2020, the Defendant driven C QM5 car under the influence of alcohol with approximately KRW 0.187% alcohol concentration at a section of about 3 km from the front of the dialogue station in Yongsan-gu, Yongsan-gu, Yongsan-gu to the front of the same Sinsan-dong B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. The sentencing guidelines are not set. 3. The crime of this case in which the sentencing guidelines are applied is the case where the defendant re-driving a motor vehicle despite the fact that the defendant had been punished for driving a motor vehicle for drinking, and the defendant's liability is not weak.

However, the Defendant stated that all the facts charged are recognized and against the Defendant, that the Defendant does not have to be sentenced to punishment, that the Defendant has a mother of the aged who is not good in health conditions to support, and that there are two children in favor of the Defendant, etc. In addition, considering the circumstances favorable to the Defendant, the Defendant’s age, character and behavior, health conditions, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the pleadings of this case