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

[Criminal Power] On October 12, 2016, the Defendant was issued a summary order of a fine of one million won at the Busan District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 3, 2019, at around 02:48, the Defendant driven a Dmerc motor bicycle with approximately 200 meters alcohol concentration of about 0.150% in the section of approximately 200 meters from the front of the Inter-gu Busan Northern Zone B to the front road of the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: although the Defendant had been punished several times as a crime related to the operation of automobiles, he again committed the instant crime, and the blood alcohol concentration at the time of the instant crime is considerably high.

In favorable circumstances: The defendant shows his attitude to recognize and reflect his mistake, and there is no record of punishment in excess of the suspended sentence.

The distance of drinking driving is not visible.

In addition, in consideration of the age, character and conduct of the defendant, motive, means and result of the crime, circumstances before and after the crime, etc., various circumstances constituting the conditions for sentencing as shown in the arguments in this case, the punishment as ordered shall be determined.