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 January 2, 2008, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) and a fine of KRW 1 million for a violation of the Road Traffic Act (driving on April 6, 2009).

Criminal facts

On June 5, 2020, at around 22:15, the Defendant driven a f bargaining car from about 3 km section to the front road located in Kimhae-si D in the front of the road located in Kimhae-si, Kimhae-si, while under the influence of blood alcohol concentration of 0.15% by blood measurement.

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

Summary of Evidence

1. Defendant's legal statement;

1. Previous records as stated in the circumstantial statement of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, and previous records as stated in the judgment: The application of two Acts and subordinate statutes attached to the criminal records, the inquiry report, and the summary order;

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant already committed the instant crime despite the criminal records of drunk driving twice or more; (b) the blood alcohol concentration was considerably high at the time of the commission of the instant crime; and (c) the same criminal records exceeding the fine do not have the same criminal records; and (d) the Defendant recognizes all of the instant crimes and takes the attitude of reflecting it; and (b) the sentence is determined as ordered.