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 January 22, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 16:50 on August 16, 2020, the Defendant driven an Erocketing car from the distance of about 55 meters from C in Busan Southern-gu to D before Busan-gu while under the influence of alcohol of 0.141% of alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the applicable provision on criminal facts, the choice of imprisonment, 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 been punished for drunk driving, re-offending again, and the Defendant’s criminal liability is not weak in that not only the drinking water level is high at the time of the instant case, but also the shock of pedestrians during drunk driving.

However, the fact that the defendant does not repeat the crime because he reflects the mistake, there is no criminal punishment exceeding the fine, and the defendant has a considerable period of time from the day of the crime of the previous conviction to the crime of this case, the distance of drinking driving is shorter, and the defendant's age, character, character, environment, motive or circumstance of the crime, motive or circumstance of the crime, method and method of the crime, contents and result of the crime, etc. shall be determined as ordered by taking into account all the circumstances of the punishment shown in the records, such as