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 June 3, 2015, the defendant has been notified of a summary order of KRW 2 million due to the violation of the Road Traffic Act in the Busan District Court's branch court's jurisdiction on June 3, 2015.

On August 31, 2019, at around 20:40, the Defendant driven a fluent car in the state of alcohol with a blood alcohol concentration of about 0.117% at the 1km section from the front of C in Seopopo City B to the road of about 50m on the 1km side of E in D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notification of an accident resulting from drinking alcohol, report on the status of driving under drinking alcohol, report on the status of driving under driving under drinking alcohol, report on the status of a driver under driving under drinking alcohol, report on the status of a driver under drinking alcohol, and investigation report;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes to investigation reports (attached to a summary order for sound driving);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is a situation unfavorable to the defendant, such as the driving in a drinking state, and the nature of the crime is not weak, the defendant has two criminal records for the same kind of crime, and the degree of the taking of the crime is relatively high.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged is punished by a fine, and the fact that the defendant's previous conviction is a old criminal record is a favorable condition.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.