A defendant shall be punished by imprisonment for a term of one year and two months.

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 November 23, 2015, the Defendant received a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court and a summary order of KRW 5 million for the same crime on July 6, 2016 from the above court.

【Criminal Facts】

On July 26, 2020, the Defendant, as a person who violated the duty of prohibition of drunk driving, driven Bho-do car under the influence of alcohol with approximately 0.095% of alcohol concentration at approximately 20 meters in front of the exit road in the dong-dong public parking lot located in the dong-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are against the defendant, there is no record of criminal punishment exceeding a fine due to drunk driving, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be comprehensively taken into account the various conditions of sentencing as shown in the argument of this case.