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 October 27, 2009, the defendant was sentenced to a summary order of 1.5 million won by violating the Road Traffic Act at the Busan District Court on October 27, 2009.

On January 16, 2020, at around 01:25, the Defendant driven a f bargaining car at a section of about 100 meters from the Do before Busan, to the E entrance intersection at D, while under the influence of alcohol content of 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accidents, inspection report on the results of crackdown on drinking driving;

1. The circumstantial statement statement and investigation report of the employer (the report on the status of the employer driver);

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate 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 drunk driving, the defendant should be punished strictly. However, the defendant's mistake and reflects the fact that the defendant's mistake is recognized, the defendant's age, character and conduct, family relationship, circumstances before and after the crime, and all the sentencing conditions shown in the records and arguments, including the time of criminal records before and after drinking, shall be determined as ordered