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 July 1, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Busan District Court.

On April 26, 2020, the Defendant, as a person who violated the duty to refrain from driving under the influence of alcohol, driven an Eunstststun vehicle under the influence of alcohol 0.121% from the 5km section of the Defendant’s deaf-gu, Busan, to the front road of the D pharmacy located in the same Gu C from the Defendant’s deaf-gu, Geum-gu, Busan, to the front road of the Dental located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, references to criminal records, written judgments, and other 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. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the defendant again committed the instant crime even though he/she had the record of being punished for the same kind of crime, taking into comprehensive account the following factors such as the defendant’s blood alcohol density, the defendant’s age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.