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

On May 25, 2016, the Defendant received a fine of one million won as a crime of violation of the Road Traffic Act (driving) from the Busan District Court.

On June 3, 2020, at around 22:30, the Defendant driven a C rocketing car with approximately KRW 1km from the front of the 1119 Safety Center, which was in Busan Gangseo-gu, to the front of the same Gu Birst Road, while under the influence of alcohol concentration of about 0.043%.

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 the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (formers and confirmations) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The fact that the reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures lies in the criminal act in the second ruling despite the fact that the defendant had been sentenced to a fine due to drinking driving is disadvantageous to

However, considering the fact that the defendant has no record of being sentenced to the suspended sentence of imprisonment without prison labor or heavier punishment, and that the defendant has caused a traffic accident and has not realized the risk of drinking driving.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.