A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 7, 2007, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act at the Busan District Court, and was sentenced to a suspended sentence of 2.5 million won on December 27, 2007 by the same court for the same crime.

On December 9, 2017, at around 23:50, the Defendant driven Bsch ES330 cars in the state of alcohol with approximately 1km alcohol concentration of about 0.177% from the 1km section to the lute mountain tunnel in the same Dong from the roads adjacent to the lute mountain intersection in Busan-dong, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (verification of the same kind of power);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Although there was a record of four times criminal punishment due to the driving of drinking alcohol for the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the following: (a) the fact that there was no record of the same crime since 2007; (b) the Defendant’s age, sex behavior, environment; (c) background leading to the crime; and (d) circumstances after the crime.