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 March 15, 2018, the defendant received a summary order of a fine of five million won for the violation of the Road Traffic Act from the Busan District Court's branch court.

On November 16, 2019, at around 10:31, 2019, the Defendant driven a cra vehicle under the influence of alcohol concentration of 0.067% from the 5km section from the Busan Jin-gu B to the front road of the 0.067% city in the Busan Jin-dong.

Accordingly, the defendant was driving in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and investigation report (report on the situation of the drinking driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 possibility of criticism, such as the fact that the defendant for sentencing under Article 62-2 of the Criminal Act committed the instant crime again even though he/she had the record of punishment twice due to drinking driving, and the defendant's blood alcohol concentration is not low;

However, the defendant's recognition of the crime of this case and reflects the fact that the defendant seems to have been under control without resolution due to the previous drinking, and other circumstances, such as the defendant's age, character and behavior, environment, circumstances, circumstances after the crime, etc., shall be determined as ordered by the decision.