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 March 19, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court’s Branch Branch Branch, and a fine of KRW 2.5 million for the same crime at the same court on March 18, 2011, and on September 30, 201, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Busan District Court.

【Criminal Facts】

On January 22, 2020, the Defendant driven C B200 vehicles under the influence of alcohol alcohol concentration of about 0.148% in a section of about 100 meters from the fifth floor parking lot of Busan Shipping Daegu Btel to the first floor parking lot of the same building.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and investigation reports;

1. Attachment of a report on detection of a host driver, a report on the circumstances of a host driver, a report on the occurrence of a traffic accident, a report on 112 reported case handling records, and a photograph of CCTV taken on the scene of a crime;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the confirmation of criminal records of the same kind;

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 reasons for sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are the defendant with the same kind of power at several times and high drinking level.

However, it appears that the Defendant committed the instant crime while he/she was aware of the Defendant’s commission of the crime, and the distance of drinking driving is relatively short (Article 100m), and his/her wife and fire extinguishing. However, the place of the instant crime is an underground parking lot in the Defendant’s residence, and all other circumstances revealed in the process of the instant records and arguments, and the execution of a sentence is suspended by imposing a community service order, etc. only once.