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 January 24, 2008, the Defendant issued a summary order of KRW 1 million at the Busan District Court for a crime of violation of the Road Traffic Act, and on February 14, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Ulsan District Court.

【Criminal Facts】

On May 22, 2020, at around 01:30 on May 2, 202, the Defendant driven a k3-car under the influence of alcohol content of 0.152% from the 5km section from the front of a restaurant located in the articles of incorporation of the Busan, Busan, the Busan, to the front of a rest area in the Seoul direction.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the result of crackdown on drinking driving (before the market), criminal records, and application of Acts and subordinate statutes to inquiry reports, investigation reports, and criminal records;

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 and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] has been sentenced twice to a fine for the same kind of crime. However, the confession of the crime in this case was made, the mistake was divided, and there was no other record of punishment, and other factors of punishment have been taken into account, such as the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.