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 September 4, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for violation of the Road Traffic Act in the Busan District Court's Branch Branch.

On August 18, 2019, the Defendant, while under the influence of alcohol of 00:38% of blood alcohol level, driven B from approximately 100 meters from the new, 2,000 new public parking lot to the parking lot exit of 0.138% in Sincheon-dong, Sincheon-dong, Newcheon-ro, 3,000 to the new parking lot exit.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, report on the results of the crackdown on drinking driving, report on the actual state of drinking drivers, and report on the actual state of drinking drivers;

1. Previous convictions in judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant may take the life of a person who is not only his/her own but also another person, and the crime is not good, and the Defendant has taken a heavy traffic accident while driving alcohol, etc., and is disadvantageous to the Defendant.

However, in light of the fact that the defendant recognized the crime of this case, there is no same punishment power, and there is no punishment power exceeding the fine, etc. in addition to the judgment once, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined as ordered by comprehensively taking into account all the factors of sentencing, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and the execution of the punishment shall be suspended only once.