A defendant shall be punished by imprisonment for one year.

except that 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 June 11, 2014, the Defendant was sentenced to imprisonment with prison labor for a period of one year and six months and two years of suspended execution at the Busan District Court.

At around 03:30 on April 30, 2020, the Defendant driven DK7 car at a section of about 10km from 0.158m alcohol level to C oil station located in the same Gu and located in the same Gu in the trade name in the Busan Metropolitan Transportation Daegu East-si, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the status of a drinking driver);

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished as a drunk driving, he/she was driving under the influence of drinking, and the degree of his/her driving under the influence of drinking.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.