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

[Criminal Power] On May 27, 2015, the Defendant was sentenced to a fine of 1.5 million won by the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On July 28, 2020, the Defendant, while under the influence of alcohol 0.068% of blood alcohol level around 04:32, driven a f bargaining car with approximately 10km from the front of a pharmacy in Busan Dong-dong, from the front of a pharmacy to the front of a bank, and from the front of a road in Busan Dong-gun.

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

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: Criminal records, inquiry reports, and application of statutes governing judgment;

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 defendant of the reason for sentencing under Article 62(1) of the Criminal Act, even though he had a record of being punished as a drunk driving, was also driving under the influence of alcohol.

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.