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 June 7, 2017, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Seo-gu District Court Branch of the Daegu District Court.

【Criminal Facts】

On June 26, 2020, at around 03:48, the Defendant driven an E-5 vehicle while under the influence of alcohol with about 400 meters alcohol concentration of about 0.179% from the section of approximately 400 meters from the road located in Busan Southern-gu, Busan to the road near Busan-gu D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation report (the reporter and the reporter's telephone statement);

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. A detailed statement on processing reported cases;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) the motive and circumstances of the instant crime; and (d) the means and consequence of the instant crime;

The favorable sentencing condition: The sentencing condition that acknowledges the crime of this case and reflects it, and the sentencing condition that is disadvantageous to the fact that there is no criminal punishment other than the previous conviction: the defendant committed the crime of this case again despite being sentenced to a summary order of a fine due to drinking driving, and the defendant's blood alcohol concentration is considerably high at the time.