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 December 15, 2017, the Defendant received a summary order of KRW 7 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Branch Branch on December 15, 2017.

【Criminal Facts】

On September 1, 2020, around 03:02, the Defendant driven C Q125CC motorcycle in the state of alcohol 0.172% in the section of 1k from the end of the same city to the end of 337 Central District.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (a) and other Acts and subordinate statutes;

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 of Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Act on the Order to Provide community service and attend lectures is a crime that may bring the life of a person who is not only his own but also a dead person, and the crime of this case is committed while the defendant had been punished three times due to drinking driving, and the fact that blood alcohol concentration was considerably high, etc. are disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's recognition of the crime of this case and the self-denunciation, the fact that the defendant has voluntarily surrendered, the fact that there is no record of the same kind of punishment exceeding the fine, the fact that the defendant has driven a relatively low risk, etc., the punishment shall be determined as ordered by taking into comprehensive account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, and circumstances after the crime.