1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

【Criminal Facts】

On May 13, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.

[criminal power] On November 18, 2019, the Defendant driven a DNA car in the state of alcohol of approximately 0.074 percent of blood alcohol concentration from the 200-meter section to the roads near the Seo-gu, Seo-gu, Busan Metropolitan City to the same Gu C apartment.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in around 2016, he/she committed the same crime at once, so his/her responsibility cannot be deemed to be less than that of the defendant.

However, the sentencing conditions such as character and behavior, age, motive and background of the defendant, circumstances after the crime, and blood alcohol concentration, etc., which can be known through pleadings, have been comprehensively taken into account.

It is so decided as per Disposition for the above reasons.