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 September 16, 2014, the Defendant was issued a summary order of a fine of one million won at the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

Around 03:40 on January 31, 2020, the Defendant driven an EG80 car from approximately 400 meters away from the 0.136% alcohol concentration on the blood alcohol level to the 0.136% on the side of the Busan District captain-gun apartment to the D intersection located in C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the status of driving under the influence of alcohol, and a report on the assessment of blood alcohol;

1. Investigation report (to hear suspect's telephone statement related to the distance of sound driving);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate 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. The punishment as ordered shall be determined by comprehensively taking into account all the circumstances revealed in the records and arguments of this case, including the reason of sentencing under Article 62-2 of the Criminal Act, the reason why the drinking alcohol driving was high, the reason why the drinking alcohol driving was allowed, the fact that there was no criminal record other than the fine as seen earlier, the reflectivity, the driving distance of drinking alcohol ( approximately 400 meters), and other circumstances revealed in the course of pleading