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 April 22, 2011, the Defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act at the Busan District Court, and on June 20, 2019, issued a summary order of five million won or more for the same crime at the Ulsan District Court.

【Criminal Facts】

On October 7, 2020, at around 00:05, the Defendant driven a F NAS car in the state of alcohol alcohol concentration of about 40 meters at the section of about 0 meters from the front road in Kimhae-si B to the front road of the E NA store in the same city.

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. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures is that the defendant had two times the same criminal records, but again commits the instant crime, taking into account the fact that the blood alcohol concentration level was considerably high at the time of the instant crime, and other sentencing conditions, such as the defendant’s age, character and conduct, environment, background of the crime and circumstances after the crime, etc., the punishment as ordered, shall be determined as ordered.