A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 14, 2008, the Defendant received a summary order of a fine of one million won as a violation of the Road Traffic Act (drinking driving) from the Busan District Court.

On June 6, 2020, around 03:15, the Defendant stated in the indictment about the distance of the Defendant’s driving at approximately 9km section from the vicinity of the T-dong T-dong, Dopdong, Busan, to the front road in the front of the safe-dong, Sho-dong, the Gupdong, as “ approximately 12km” in the indictment. However, according to the records of this case, the Defendant recognized the fact of “ approximately 9km”.

The correction shall be made ex officio to the extent that it does not infringe the defendant's right of defense.

In the blood alcohol concentration of 0.172%, a person who is under the influence of alcohol was driven by B New EF rocketing.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation into the circumstances of the driver who takes the inquiry of the results of crackdown on driving alcohol (verification of driving distance of the suspect), and an output of screen pictures for the NAV guidance and search;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, a criminal investigation report (Attachment of the previous summary order attached thereto), and the application of Acts and subordinate statutes of 1 copy of the summary order, approximately 2008, 611, of the Busan District Court Act;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the background leading up to the instant crime for sentencing, the amount of alcohol content at the time of the instant crime, driving distance, the records of the same crime, and the Defendant’s age, sexual conduct, motive, circumstances, means and consequence of the instant crime, and all of the sentencing conditions stated in the arguments and records, such as the circumstances after the crime, etc., and the sentence as ordered.