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

[criminal power] On November 20, 2007, the defendant was sentenced to a fine of three million won as a crime of violating the Road Traffic Act (refluence of noise measurement) at the Changwon District Court's Jinju branch on November 2007, and on December 2, 2009, the same court was sentenced to a suspended sentence for four months as a crime of violating the Road Traffic Act (refluence of noise measurement).

【Criminal Facts】

On December 12, 2019, at around 14:48, the Defendant driven a b-wing vehicle from about 500 meters in a section of approximately 500 meters from Yansan-gun, Busan Metropolitan City to the same Eup’s sexual heart bridge while drunking 0.185% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, enforcement photographs, internal investigation reports (attached to written reports on requests for appraisal), and the report on detection of a drinking driver ( blood collection results);

1. Previous records of judgment: Criminal records, replys to criminal records, and application of relevant statutes governing the decision-making process;

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 grounds for sentencing under Article 62(1) of the Criminal Act for suspended sentence are as follows: (a) the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol in this case; (b) the distance of the vehicle; (c) the background of the vehicle being driven; (d) the defendant's status at the time of driving; (c) the process of detection of the vehicle under the influence of alcohol; and (d) the previous driving under the influence of alcohol was punished several times; (d) the records such as the defendant'