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 October 8, 2018, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Branch Branch.

【Criminal Facts】

On August 9, 2020, at around 01:26, the Defendant driven B K5 cars under the influence of alcohol level of about 0.141% from the section of approximately 5km to the near road in the area of the exit of the city in the Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, for the purpose of drinking at around 0.141% of alcohol level.

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. Report on the result of the crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of one copy of the inquiry report, such as criminal records, investigation report (Attachment to the same type of power decision, etc.), and summary order;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The ordinary circumstances that are disadvantageous to the defendant: the defendant had the record of punishment for drinking driving in 2018, but they go to the crime of this case again more than 2 years, and the crime in this case is highly high blood alcohol level, and the danger of general traffic has been realized by causing a traffic accident that occurs on a motorway, which is a motorway, while driving the motor vehicle, and driving the motor vehicle, with a very high blood alcohol level, and thus, the danger of general traffic has been realized: the defendant has a heavy nature of the crime and the possibility of criticism is high, and there is a need for strict punishment against the defendant.