A defendant shall be punished by imprisonment for one year.

except that 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 May 13, 2008, the defendant was issued a summary order of 2.5 million won for the crime of violation of the Road Traffic Act in the Busan District Court's branch court.

On November 6, 2019, at around 21:10, the Defendant driven a motor vehicle with the Damom in the state of alcohol concentration of about 0.048% from the 1.5km section to the front road of the building C from Daegu Seo-gu B apartment road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a suspect in violation of the Road Traffic Act, inquiry into the results of the regulation of drinking driving, and report on the situation of a drinking driver;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of previous convictions), and application of a copy of judgment statutes;

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. The defendant in the suspended sentence under Article 62(1) of the Criminal Act had a record of being punished once by a fine due to drunk driving, and the defendant also has a record of driving under the influence of drinking. The fact that the nature of the crime is not good is disadvantageous.

However, the punishment as ordered shall be determined in consideration of the overall sentencing conditions shown in the arguments of this case, such as the defendant's confession, mistake, the fact that there is no record of punishment exceeding the fine due to drinking driving, the fact that the vehicle has been disposed of, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and the circumstances after the crime.