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 June 5, 2012, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's branch court.

On April 20, 2020, at around 19:10, the Defendant driven an Eststun vehicle while under the influence of alcohol content of about 0.083% at a section of approximately 200 meters, up to D third distance on the front road located in Changwon-si B.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Making a report on the control of drinking driving;

1. The actual condition survey report;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of criminal records of the same kind of suspect)-related 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was under the influence of drinking, even though he had the ability to punish a fine once 2012 due to a drunk driving.

The driver also caused a traffic accident that shocks the vehicle in front while driving.

However, there was no personal damage due to traffic accidents.

The state of exploitation with blood alcohol concentration of 0.083% is not serious.

There is no criminal offense beyond a fine against the defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and results of the crime, and all the sentencing conditions shown in the records and arguments, shall be considered as the order.