A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 28, 2015, the Defendant was issued a summary order of a fine of up to 6 million won for a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's branch branch court.

On September 8, 2020, around 03:45, the Defendant driven a DM car in the state of alcohol concentration of about 0.230% from the section of about 50 meters from the front of the Busan Suwon-gu B to the front of the same Gu C, while under the influence of alcohol concentration of about 0.230%.

Accordingly, the defendant was driving a drinking in violation of the prohibition of drinking more than twice.

Summary of Evidence

1. The defendant's legal statement notification of the results of regulating driving of drinking alcohol, inquiry of the results of crackdown on driving of drinking, and statement of the situation of the driver;

1. Previous convictions: Application of inquiry letter, such as criminal history, and Acts and subordinate statutes confirming the suspect's history of drinking;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a lecture has the same record of sentencing Article 62-2 of the Criminal Act and the drinking volume is also high.

However, it shall be determined as ordered by comprehensively taking into account the following circumstances: the defendant's recognition of the crime and reflects the fact that he/she has no previous record and has no record of being punished by a fine or more, the driving distance of drinking, and all other circumstances revealed in the records and arguments of this case.