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 16, 2010, the Defendant was issued a summary order of KRW 5 million by the Busan District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 30, 2019, at around 00:10, the Defendant driven a Ftax-free car over about 100 meters prior to the E community service center located in D, while under the influence of alcohol with a blood alcohol concentration of 0.223%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

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

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

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has been punished for the crime of violating the Road Traffic Act, but is highly likely to criticize the crime of this case.

The defendant recognizes his own crime.

The defendant has no power to be punished heavier than a fine.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.