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 August 24, 2007, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Seoul Southern District Court.

around 22:40 on May 25, 2020, the Defendant driven an E-5 vehicle under the influence of alcohol level of about 0.038% with a blood alcohol level of about 500 meters from May 25, 202 to the front roads of D, located in the same Gu C from the Do of Yongsan-gu, Seoyang-gu, Busan Metropolitan City.

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

Summary of Evidence

1. The application of Acts and subordinate statutes of one copy of a summary order to the accused's legal statement-related photographs, the statement report on the circumstances of the driver involved, the investigation report (report on the circumstances of the driver involved), the criminal records such as notification of the results of the crackdown on drinking driving, etc.;

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 of Article 62-2 of the Criminal Act, despite the fact that the defendant was punished twice due to the crime of drunk driving, has committed the crime of drunk driving.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The drinking volume is low and the driving distance is short.

Finally, the defendant committed a crime of drunk driving is 13 years ago, and there is no record of being sentenced to a suspended sentence or heavier punishment due to a crime of drunk driving.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.