A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above sentence shall be postponed for one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On March 7, 2016, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Busan District Court’s branch branch branch.

【Criminal Facts】

At around 22:40 on December 3, 2019, the Defendant driven a f G80 car in a state of alcohol alcohol content of about 200 meters from the front of the C cafeteria operated by the Defendant, which is located in Yangsan City B, to the road in front of the E studio No. D located in Yangsan-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and notification thereof, report on the circumstantial statements of drinking drivers, investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the previous records and related summary orders);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The fact that the Defendant committed the instant crime of drinking alcohol even though he/she had been punished twice due to drinking driving prior to the reason for sentencing under Article 62-2 of the Criminal Act, and that the Defendant’s blood alcohol concentration level was not lowered at the time, and that the Defendant’s charge was not less light.

The fact that the distance from the driving under the influence of alcohol is short, the risk of traffic accidents has not been realized due to the crime of this case, and the fact that the defendant recognizes the crime and reflects it is favorable to the defendant.

In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.