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 of the final judgment.

Punishment of the crime

[Criminal Power] On February 21, 2007, the defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On July 20, 2020, at around 01:15, the Defendant driven a Fran vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.158% in a 100-meter radius from the front road in Busan Northern-gu, to the front road of the e bank gold point in the same Gu D.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (including the circumstantial report of a drinking driver), investigation report (including the written appraisal request and attached appraisal report), and a copy of the notification of the results of the control of drinking driving (blood results);

1. Records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (report accompanied by a summary order);

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. In view of the fact that the Defendant was punished for the crime of violation of the Road Traffic Act, despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, the Defendant’s liability for the crime of this case is not weak.

However, the fact that the defendant shows the attitude of recognizing the crime of this case, there is no criminal punishment exceeding the fine of the defendant, and the record of the fine as stated in all the criminal facts in the judgment is committed not later than 10 years, the distance of operation is not clear, and the defendant's age, character and character, environment, motive, means and consequence of the crime, etc., and the conditions of the sentencing as shown in the argument of this case, such as the circumstances after the crime, etc., shall be determined as per the order