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 26, 2007, the defendant was issued a summary order of 700,000 won as a crime of violating the Road Traffic Act at the Busan District Court.

【Criminal Facts】

Around 18:35 on February 26, 2020, the Defendant driven C cargo at a section of about 4 km from the ancient-do in Busan Mindo to the front road of B apartment, while under the influence of alcohol 0.162% of alcohol level.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and investigation report (report on the situation of the drinking driver);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports (A), and application of 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 Defendant again committed the instant crime even though he/she had been punished twice due to drunk driving, including the previous conviction in the judgment, and in particular, the Defendant’s blood alcohol concentration is considerably high at the time.

Considering the facts that the Defendant recognized the instant crime in light of the aforementioned unfavorable circumstances, the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances revealed in pleadings, etc. shall be determined as ordered by the text.