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 August 18, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Busan District Court, and on May 12, 2015, the Defendant received a summary order of KRW 2 million as the same crime in the same court.

【Criminal Facts】

On June 21, 2020, at around 01:20, the Defendant driven a e-mail in the state of alcohol alcohol concentration of about 0.076% from the C’s alleyway located in Busan B to the same Gu D’s front road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, investigation report, and report on the circumstances of the driving under influence of alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Consideration of the criminal records of the accused for sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration, driving distance, etc.;