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 November 5, 2012, the Defendant issued a summary order of KRW 3 million at the Busan District Court for a crime of violation of the Road Traffic Act, and on November 13, 2018, a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On 00:13 on 18. 00. 18. 2020, the Defendant driven EM5 vehicle under the influence of alcohol concentration of about 570 meters from the front side of C Elementary School located in Busan Shipping Daegu, to the front side of DV in Busan Shipping Daegu, on 0.11%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Investigation report (number 4), investigation report (number 4), and investigation report;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (limited to attachment of details of inquiry about management of the report on the primary launch), and application of Acts and subordinate statutes to investigation reports (Attachment to a summary order of the same type of crime records);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant has the same kind of power twice and drinking water is high.

However, considering the fact that the same kind of power is both fine and fine, the fact that the defendant recognizes the crime of this case and reflects it, the distance of drinking driving is relatively short, the circumstances revealed in the process of drinking driving and oral proceedings, the punishment shall be determined as ordered in the same manner as the disposition is comprehensively taken into account.