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 April 21, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor at the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On September 18, 2019, the Defendant, from the Do near the “C” restaurant located in Kimhae-si B, to the road near the “E” located in D, in approximately 500 meters away from the 500-meter section to the road near the “E” road, was in violation of the provision on the prohibition of drinking driving by driving a F-typ vehicle with a blood alcohol concentration of about 0.163% under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, 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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, a sentence as ordered shall be determined by taking into account all the various circumstances, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harm of drinking driving, significant blood alcohol concentration, and the fact that there are many favorable circumstances such as the criminal records related to traffic including the criminal defendant's criminal records (four-time driving, one-time driving without a license), including the criminal records of suspended sentence of imprisonment as stated in the judgment of the defendant: The criminal defendant's past records of punishment for drinking driving have long been punished for about 2010 and his family members, etc.