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 June 17, 2015, the Defendant was issued a summary order of a fine of one million won at the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

On July 18, 2019, at around 00:39, the Defendant, who was punished for drunk driving, driven a vehicle in Eti-gu, which is owned by the Defendant, under the influence of alcohol 0.040% at a section of about 1km from the front of the B apartment in Busan Dong-gu, Busan to the front of D in the vicinity of the Busan Dong-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of a copy of judgment or the statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the accused confessions all the crimes and repents his mistake; (b) the degree of blood alcohol concentration at the time of the crime; (c) there is no record of criminal punishment except for punishment twice by a fine; and (d) the sentencing should be imposed as ordered in consideration of the circumstances of the crime, the age, occupation, etc. of the accused.