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 May 16, 2008, the Defendant was issued a summary order of 700,000 won of a fine for a crime of violating the Road Traffic Act at the Busan District Court, and on July 9, 2008, issued a summary order of 4 million won of a fine by the same court as the same crime.

On August 10, 2020, the Defendant driven an Etoscar car from around 1.5 km to the parking lot within the same Gu’s apartment complex from around the front day of the “C multilateral point” located in Busan Ho-gu B while under the influence of alcohol leveling to 0.110% of alcohol level during blood transfusion around 23:20.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver working at the main place, investigation report, and photographs of the situation of the driver working at the main place;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes of investigation status (explosion 36 of investigation records);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had a record of punishment for drinking driving, is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant that the defendant did not realize the risk of driving under drinking, such as causing a traffic accident, and that the same criminal record for the defendant was not less than 10 years, and that the defendant has no record of being sentenced to a suspended sentence of imprisonment or heavier punishment.

In addition, the defendant's age, sex and environment, motive, background, means and result of the crime of this case, circumstances after the crime, and other conditions of sentencing as shown in the arguments of this case shall be determined as the sentence as ordered by considering the whole.