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 September 1, 2008, the Defendant was sentenced to a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On June 4, 2020, at around 01:05, the Defendant driven B QM5 car under the influence of alcohol concentration of about 0.158% at around the roads in front of the main liquor in Busan, Seo-gu, Busan, a public parking lot in front of the main liquor in Busan, with approximately 30 meters in front of the main liquor.

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

Summary of Evidence

1. Legal statement, statement of the accused, inquiry into the results of the drinking driving control, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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, despite the past record of punishment for drinking driving, the Defendant committed the instant crime again, and the Defendant’s blood alcohol concentration is very high at the time of committing the instant crime.

Considering the favorable circumstances, such as the fact that the Defendant recognized the instant crime in light of the aforementioned unfavorable circumstances, the fact that the distance of drinking driving is relatively short, etc., the Defendant’s age, character and behavior, environment, motive and background of the crime, the process of detection of drinking driving, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances.