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 July 3, 2009, the defendant has been notified of a summary order of KRW 2 million due to the violation of the Road Traffic Act in the Busan District Court's branch branch court.

On November 16, 2019, at around 16:14, the Defendant driven a C Ecoo motor vehicle under the influence of alcohol concentration of 0.143% in the two-meter section of the road in front of the Geum-gu Busan Metropolitan City B market.

Accordingly, the Defendant violated the duty of prohibiting driving under the state of driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to a report on the previous disposition, the results of confirmation (verification of suspect history);

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 reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, despite the fact that the defendant committed the crime of this case again even though he had the record of punishment for the same kind of crime, the defendant's blood alcohol concentration, the defendant's scrapping of the car of this case, etc., and the defendant does not repeat the crime of this case. In addition, the defendant's age, character and conduct, environment, circumstances after the crime, and various conditions of sentencing as shown in the trial shall be comprehensively considered and determined as ordered.