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 December 10, 2010, the Defendant was sentenced to a fine of 2.5 million won by a violation of the Road Traffic Act (driving) at the Busan District Court on December 10, 201, and a fine of 1 million won by a violation of the Road Traffic Act (driving) at the Busan District Court on April 14, 2016.

【Criminal Facts】

On November 22, 2019, at around 19:27, the Defendant driven the EM3 car volume with a blood alcohol concentration of about 0.066% under the influence of alcohol from around 50 meters from the roads in front of the Gu of Busan to the roads in front of the same D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a) and Acts 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Drinking driving is highly likely to infringe on the life and property of others as well as himself/herself.

Although the Defendant had been punished for drinking driving, the Defendant committed the instant crime again.

The favorable circumstances: The defendant shows an attitude to recognize and reflect his mistake, and the distance of operation is not visible at the time of the crime in this case.

There is no history of punishment exceeding a fine.

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.