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 January 18, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

At around 23:00 on April 17, 2020, the Defendant driven Cina car under the influence of alcohol with a level of about 6 km from around 0.186% alcohol concentration to around 0.186% in the vicinity of the Manan-dong in the Manan-dong, Busan Shipping Daegu, Busan, the Man-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

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. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) motive and circumstance of the instant crime; (d) the means and consequence after the instant crime was committed;

The favorable sentencing condition: The sentencing condition unfavorable to the recognition of and reflect on the instant crime: The Defendant committed the instant crime even though he was subject to criminal punishment due to drunk driving, and the Defendant’s blood alcohol concentration is considerably high at the time.