A defendant shall be punished by imprisonment for one year.

except that 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 August 27, 2010, the Defendant received a summary order of KRW 2,50,000,000 from the Busan District Court's branch court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 21:10 on March 17, 2020, the Defendant driven an EP car from around 100 meters to around 0.186% of blood alcohol concentration on the roads of Busan Southern-gu B apartment store, Busan-gu, and from around 100 meters to the roads of Busan-gu C apartment Ddong.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, a report on the circumstances of a drinking driver, and an investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: The application of criminal records, repeated statements, and 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. The reason for sentencing under Article 62(1) of the Criminal Act, even though there was a history of punishment for drunk driving, the defendant was engaged in drinking while driving at the same time, was under the influence of drinking, and there was also an accident that caused physical damage in the process.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.