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

On July 9, 2010, the Defendant issued a summary order of KRW 2,000,00 as a fine for a violation of the Road Traffic Act, at the Busan District Court's Dong Branch Branch.

On April 13, 2020, at around 06:20, the Defendant driven an Eflor vehicle under the influence of alcohol concentration of about 0.127% from the 1km section from the front of the C cafeteria in the window B of Changwon-si, Changwon-si to the D front of the window D. Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control and the circumstantial statement of a drinking driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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;

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 Criminal Act on the grounds of sentencing is that the Road Traffic Act is amended to the purport that the general preventive effect of punishment is achieved by means of suppressing the drunk driving, eradicating the social damage caused by the drunk driving, establishing a traffic order, etc. Even though the defendant was punished for a drunk driving, he/she again drives a drunk driving without the awareness of the danger of the drunk driving, and that the defendant's drinking level at the time of detection is disadvantageous.

However, the fact that the defendant does not repeat the crime of this case in response to the crime of this case, the defendant was punished once due to drunk driving as stated in the judgment, and the defendant was not punished for the past, and the defendant was not punished for the past, as well as the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., shall be determined as ordered in consideration of the conditions of sentencing as stipulated in Article 51 of the Criminal Act.