A defendant shall be punished by imprisonment for one year.

except that 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 March 27, 2014, the Defendant was sentenced to a fine of one million won by the Busan District Court as a crime of violating the Road Traffic Act.

On July 5, 2020, at around 23:30, the Defendant driven D branch-off vehicles at approximately 5km from the first floor C-dong parking lot under Busan Southern-gu, Busan-gu, on the front of the packing end where the trade name of Busan-gu, could not be known, while under the influence of alcohol at 0.171%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished as a drunk driving, he/she was driving under the influence of drinking, and the degree of his/her driving under the influence of drinking.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.