A defendant shall be punished by imprisonment for a term of one year and two months.

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 February 22, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's branch court's branch court.

【Criminal Facts】

On February 26, 2020, the Defendant: (a) around 03:59 on February 26, 2020, operated a car under the influence of alcohol level of about 0.127% in a section of about 50km from an on-road parking lot near Busan-gu, Busan-si to the point of 133.9km-do, in the south Sea Highway at the Dong-gu, Changwon-si, Changwon-si, Changwon-si.

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, report on the state of his driving, report on the state of his driver’s oral statement, notification of the results of the regulation of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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 grounds for sentencing under Article 62-2 of the Criminal Act, which is high in the level of drinking alcohol and possibility of criticism, such as driving on an expressway, etc., are large, but the defendant reflects the fact that there are no special records prior to and beyond the judgment, and there are no records of punishment more than a fine, and the depth reflects, and all other circumstances shown in the records and arguments of this case shall be comprehensively considered.