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 became final and conclusive.

Punishment of the crime

[Criminal Power] On March 8, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Busan District Court on March 8, 2007.

【Criminal Facts】

Although the Defendant had been punished for a violation of the Road Traffic Act as above, at around 21:00 on July 14, 2020, the Defendant driven a F rocketing vehicle under the influence of alcohol concentration of about 0.059% in the section of about 3km from the front of a restaurant near the C Elementary School located in Asan-si B to the front of the Eth of the funeral hall located in iasan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and reports on results of confirmation (a summary order, etc. attached);

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

Even though the defendant was punished as a fine due to drinking driving as stated in the ruling, he is not subject to the punishment of the crime.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The final force of punishment for drinking is prior to the domination of the past.

The blood alcohol concentration is also relatively low.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, method and attitude of the crime, and circumstances before and after the crime, etc. are shown in the arguments in this case.