1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[Criminal Power] On April 16, 2018, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Busan District Court’s Branch Branch.

【Criminal Facts】

On March 17, 2020, the Defendant driven a CM6 car while under the influence of alcohol with 0.165% alcohol concentration at the front of Busan City, Seocheon-si B around 22:38.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in around 2018 (hereinafter referred to as a fine), since he/she committed the same crime at once, his/her responsibility cannot be deemed to be less than that of the defendant.

(A) The Defendant is aware of the fact of drunk driving from a police officer who caused a contact with another vehicle while driving the vehicle at the site: Provided, That the same sentence as the order shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s character and behavior, age, motive and background of the crime; (b) the circumstances after the crime; (c) the degree of blood alcohol concentration; and (d) the interval between the previous drunk driving and the previous drunk driving.

It is so decided as per Disposition for the above reasons.