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 February 5, 2008, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Ulsan District Court on February 5, 2008.

【Criminal Facts】

On March 2, 2020, at around 02:07, the Defendant driven a f SM6 car with approximately KRW 170 meters in front of the road located in Seo-gu Busan, Seo-gu, Busan, for about 0.13% alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A traffic accident report;

1. On-site photographs;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, previous records on disposition, results of confirmation, and application of Acts and subordinate statutes attached to 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 Social Service Order Criminal Act is that the defendant has a history of punishment for drunk driving, but it is highly likely to criticize him by driving under the influence of alcohol again.

The blood alcohol concentration at the time of driving is very high.

The defendant recognizes his own crime.

The defendant has no record of punishment heavier than a fine since he was sentenced to a suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act in 1979.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.