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 October 13, 2017, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On September 25, 2020, at around 23:13, the Defendant driven a D QM6 car in the state of alcohol alcohol concentration of approximately 0.135% from the 10km section of approximately 10km to the roads adjacent to the cafeteria which is located in Seongbuk-si, Changwon-si to Kimhae-si.

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

Summary of Evidence

1. The accused's legal statement, his/her oral statement, investigation report, and previous records indicated in the ruling as a result of the control of drinking driving: The application of criminal records, inquiry reports, investigation reports, and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act requires that the defendant has the same criminal records once for the reason of sentencing, and that the blood alcohol concentration was the high level at the time of the instant crime, and the sentencing conditions, such as the defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime, shall be determined as ordered by considering all of the following factors.