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 February 5, 2015, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Busan District Court.

【Criminal Facts】

On July 9, 2020, at around 04:13, the Defendant driven an EM5 vehicle under the influence of alcohol concentration of about 0.166% from the section of about 1km from the road around the C cafeteria Kimcheon-si B to the same Dollll road.

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

Summary of Evidence

1. Report on the occurrence of a traffic accident by Defendant’s statutory statement, each accident site photograph, the actual condition survey report on a driver, and the inspection report on the actual condition of a drinking driver;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related 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. Article 62 (1) of the Criminal Act;

1. Probation and community service order, orders to attend education, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account