A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 11, 2012, the Defendant issued a summary order of KRW 3 million at the Busan District Court to a fine of KRW 1,00,000,000 for a violation of the Road Traffic Act; on July 11, 2013, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act; on June 11, 2014, the Defendant was sentenced to imprisonment for 6 months or 2 years of suspension of execution.

【Criminal Facts】

Although the Defendant had been punished two or more times of drinking driving, on June 16, 2019, at around 08:55, the Defendant driven a GTS car from the front of the Busan Jin-gu, Busan to the 2nd day of the Dong-dong Residents' Center located in the 58th day of the Dong-gu, Busan to the 4km alcohol concentration of about 0.092% under the influence of alcohol concentration of about 0.092%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records of judgment: Criminal records, inquiry reports on criminal records, data review on criminal records, two copies of summary order, and application of Acts and subordinate statutes of one written judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

2. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than three years;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The Defendant was issued two summary orders due to drinking driving as stated in its reasoning, and the Defendant was sentenced to a stay of execution of imprisonment on June 11, 2014, but it is not good to repeat and repeat the sentence.

However, the defendant seems to have led to confession and reflect on the crime of this case.