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 November 15, 201, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court on November 15, 201.

On December 18, 2020, the Defendant driven B rocketing car under the influence of alcohol level of 0.110% during blood in the passenger parking lot located in the Busan East-gu, Busan East-dong, while under the influence of alcohol level of 0.110%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. The criminal defendant's statement and investigation report (the driver's report on the situation) as a result of appraisal;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been punished for the crime of violating the Road Traffic Act.

The Defendant’s blood alcohol concentration at the time of committing the instant crime is somewhat high.

However, following the ruling of 2011, the defendant has no particular criminal history, and the distance of the defendant's driving at the time of the crime of this case is relatively short, etc. shall be considered as favorable circumstances.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family environment, background of the crime, circumstances after the crime, etc., and all the conditions for sentencing as shown in the records and arguments of this case.