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 October 12, 2006, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (Refusal of measurement) at the Busan District Court.

At around 22:30 on June 19, 2020, the Defendant driven CM6 car in the state of alcohol with a blood alcohol concentration of about 0.184% from the 1km section from the roads in Yangsan City to the front road.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant’s legal statement, inquiry into the result of the crackdown on drinking driving and control, request for appraisal of blood alcohol concentration in his/her circumstantial statement, and request for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, 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. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: A dangerous criminal who may cause fatal damage to the life and property of another person as well as his/her own, and the defendant has already been punished twice due to drinking driving in this case even though he/she had already been punished, he/she has been punished by assaulting a police officer who refuses to take a alcohol measurement in the past, and has a high blood alcohol concentration.