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

On December 29, 2016, the suspect is a person who has drinking power after receiving a fine of three million won from the Busan District Court to a violation of the Road Traffic Act.

Nevertheless, at around 23:50 on September 14, 2019, under the influence of alcohol by 0.078% on blood alcohol level, the driver driven a F Mtz car at a section of about 200 meters from the front of the C cafeteria located in the Busan Seo-gu B to the front of the Egyptian road located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes to investigation reports;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Drinking driving is highly likely to infringe on the life and property of others as well as himself/herself.

Although the Defendant had had a record of punishment for drunk driving, the Defendant committed the instant crime again, and there was a contact with other vehicles during driving of the instant case.

The favorable circumstances: The defendant shows an attitude to recognize and reflect his mistake, and the distance of operation is not visible at the time of the crime in this case.

There is no history of punishment exceeding a fine.

In addition, in consideration of the age, character and conduct of the defendant, motive, means and result of the crime, circumstances before and after the crime, etc., various circumstances constituting the conditions for sentencing as shown in the arguments in this case, the punishment as ordered shall be determined.