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 October 17, 2019, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On April 24, 2020, at around 22:37, the Defendant driven Cone Star car under the influence of alcohol concentration of about 0.040% in the section of approximately 40 meters among the roads near Busan-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound driving);

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. Article 62 (1) of the Criminal Act;

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) motive and circumstance of the instant crime; (d) the means and consequence after the instant crime was committed;

The favorable sentencing condition: The fact that the crime of this case appears to be recognized and reflected, that there is no record of criminal punishment except the records of the judgment, and that the defendant's blood alcohol concentration at the time is relatively low: The defendant's blood alcohol concentration is relatively low: The defendant committed the crime of this case again six months after being sentenced to a summary order of a fine due to drinking driving.