A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On September 27, 2012, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】 Around 04:55 on February 8, 2020, the Defendant driven a franchise-low automobile from the roads near Busan Metropolitan Government Office located in the Busan Metropolitan City Sogsan-dong to the roads of the same Gu B apartment, while under the influence of alcohol level of 0.247%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. A request for blood appraisal, a report on requests and an appraisal report;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of a summary order-order Act and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are against the defendant, the fact that social ties are clear, and the defendant's age, health status, criminal records, environment, motive and circumstance of the crime and circumstances after the crime, etc. shall be comprehensively taken into account the various sentencing conditions shown in the arguments of this case as ordered.