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 June 17, 2008, the defendant was sentenced to a summary order of a fine of 700,000 won for a violation of the Road Traffic Act in Busan District Court's branch court.

Although the Defendant was under the influence of alcohol, on March 23, 2020, the Defendant driven a D Sti-type car under the influence of alcohol at approximately 100 meters from the mutual influence point in the building located in the Jung-gu Office building in Busan Metropolitan City, Busan Metropolitan Government, to the front road in the same Gu C, and at least 0.205% of blood alcohol content.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the status of driving under driving under the influence of alcohol);

1. Previous records of judgment: The application of criminal records, repeated statements, and 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 of the Criminal Act, even though the defendant had a record of being punished for drinking driving, he/she also driven under drinking, and the degree of driving under drinking is too serious.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.