A defendant shall be punished by imprisonment for one year.

except that 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

On September 18, 2012, the defendant was issued a summary order of KRW 4 million due to the violation of the Road Traffic Act in the Busan District Court's branch court's jurisdiction on September 18, 2012.

On February 25, 2020, at around 04:25, the Defendant driven a Dsch Rexroth car in the state of alcohol with approximately 10km of blood alcohol concentration of about 0.173% from the front road, from the front of the C University located in Nam-gu Busan, Busan, to the east-dong Underground Road located in the Busan, Busan, Busan, Daegu, to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the status of driving under driving under the influence of alcohol);

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished as a drunk driving, he/she was driving under the influence of drinking, and the degree of his/her driving under the influence of drinking.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, the defendant's mistake and reflects the fact that there was only one time of fine, and the sentencing conditions of the defendant's age, character and conduct, family relation, circumstances before and after the crime are considered, and all the kinds of sentencing conditions shown in the records and arguments shall be determined as ordered.