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

[Criminal Power] On September 4, 2006, the Defendant received a summary order of KRW 1,50,000,000 from the Busan District Court's branch court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act. On October 28, 2015, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to the same crime.

【Criminal Facts】

On May 4, 2020, at around 20:05, the Defendant driven Dworka car with approximately 100 meters of alcohol level 0.132% under the influence of alcohol level on the front of C in Gangseo-gu Busan Metropolitan City.

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

Summary of Evidence

1. Report on the circumstances of the accused's legal statement, and inquiry into the records of the control of drinking driving;

1. Previous convictions as indicated in the judgment: Application of criminal history records, reference reports (A), investigation reports (former and previous records), summary order of 2006 high-level subsidiary support to Busan Dong-dong, summary order of 2006 high-level subsidiary, Busan District Court Order of 2015 high-level Pharmacopoeia 4889 of the Busan District Court Act;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the probation order, the order to attend a lecture, and the order to attend a community service order, committed the instant crime again despite the previous records of punishment twice due to drinking driving, and the Defendant’s blood alcohol concentration at the time was relatively high, and the Defendant caused an accident that shocks the building due to drinking driving.

In the above unfavorable circumstances, the defendant recognized the crime of this case as well as the fact that there is no specific criminal force in addition to the crime of violation of the Road Traffic Act in the judgment of the defendant. In full view of the defendant's age, character and behavior, environment, motive and circumstance of the crime, the process of detection of drunk driving, circumstances after the crime, etc., the punishment as ordered shall be determined as ordered.