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 31, 2006, the Defendant received a summary order of 2.5 million won as a crime of violating the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On November 12, 2019, around 10:52, the Defendant driven a D low-speed car with approximately 3 km from the Do near Incheon-si B to the roads near Incheon-si C, while under the influence of alcohol content 0.061% under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. The circumstantial report and investigation report of the employer-employed driver (the circumstantial report of the employer-employed driver);

1. Requests for appraisal;

1. Criminal records: Criminal records, inquiry reports, investigation status, and application of Acts and subordinate statutes of a summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

On the other hand, the defendant has been subject to criminal punishment for a violation of the Road Traffic Act in 2006.

A traffic accident was caused by heavy damage during drunk driving.

The favorable circumstances: The mistake is recognized and reflected.

In the previous night, it falls under the so-called night driving after drinking alcohol and diving, and the blood alcohol concentration is relatively low.

It is an infectious cancer, which is a part of a disease.