1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[criminal power] On September 17, 2007, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Busan District Court's Branch Branch, and on July 18, 2008, a summary order of KRW 1 million for the same crime was issued, respectively.

【Criminal Facts】

On June 25, 2020, at around 18:07, the Defendant driven Dunst Motor Vehicles with approximately 0.115% of alcohol alcohol level from the C Parking Lot located in Kimpo-si B to the front road.

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

Summary of Evidence

1. Notification of the defendant's legal statement, the actual condition survey report, the scene photograph of the accident, the circumstantial statement of the drinking driver, and the control results of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

Although the Defendant was punished as a crime of violation of the Road Traffic Act in 2003, 2007, and 2008, he/she committed the same crimes at once, and thus, he/she cannot be deemed to be less liable for such crimes.

In addition, measured blood alcohol concentration was 0.115% and it was difficult to drive normally.

(A) The defendant was found to have driven a motor vehicle after he was parked. However, the defendant's character and behavior, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration, and previous drinking driving, which can be known through pleadings.