A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

[Criminal Power] On November 12, 2008, the Defendant was issued a summary order of a fine of one million won at the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On June 26, 2019, the Defendant, as a person who violated the duty to refrain from driving under the influence of alcohol, driven a motor vehicle in Enish Island, which is owned by the Defendant, in the state of drinking 0.201% of the blood alcohol concentration from the section of approximately 1km from the road near the Ccafeteria located in Busan-gu, Busan-do to the front of the Busan-gu D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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, Article 60 (3) of the Juvenile Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's attitude of acknowledging and reflecting the crime of this case, the defendant's drinking value and the distance from drinking driving, the defendant's age, character and conduct, environment, motive or circumstance of the crime, the means and method of the crime, the contents and result of the crime, and other various factors of sentencing indicated in the record, such as the circumstances after the crime, etc., as stated in the order