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 December 1, 2014, the Defendant received a summary order of KRW 5 million from the Busan District Court due to the crime of violation of the Road Traffic Act.

On November 6, 2019, at around 11:40, the Defendant driven a CM7 car under the influence of alcohol of about 0.178% in a section of approximately 1.5 km from the nearest road of the shipping beach, which is located at 47-gil, Busan, Daegu, to the 62-lane, to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statement of a drinking driver, making an inquiry into the situation, and investigation report (report on the situation at the time of leaving the site and attaching photographs);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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 fact that the Defendant, who had the same record as once the reason for sentencing in Article 62-2 of the Criminal Act, was driving on the road with a high blood alcohol level at low level, is not good.

However, there is no history that the defendant has been sentenced to a fine or heavier punishment, and this is the second drinking driving, the defendant is in depth against the mistake, the student's child, etc. should be supported, and other circumstances shown in the records and arguments of this case shall be determined by the sentence as ordered, comprehensively taking into account.