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 15, 2017, the Defendant issued a summary order of KRW 1 million at the Busan District Court as a crime of violation of the Road Traffic Act (driving). On January 11, 2018, the Defendant was sentenced to a fine of KRW 7 million by the same court as a crime of violation of the Road Traffic Act (Refusal of measurement).

【Criminal Facts】

On June 21, 2020, at around 00:55, the Defendant driven a DM7 car under the influence of alcohol leveling 0.079% from the 300-meter section of blood alcohol level to the same c market in the vicinity of the c market.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement, investigation report, and report on the circumstances of the driving of a drinking driver;

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 fact that an order to attend a lecture or an order to provide community service has committed the crime of refusing to drive a second drinking or to measure drinking at a relatively nearest time for sentencing under Article 62-2 of the Criminal Act and the blood alcohol concentration level, etc.