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 27, 2017, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch Branch.

【Criminal Facts】

On June 2, 2020, the Defendant driven a Da QM5 car in the state of alcohol with approximately 300 meters alcohol concentration of about 0.108%, from the street in Seocheon-si B to the street in the same city C, around 19:47.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement E of the defendant in court;

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

1. A report on the occurrence of a traffic accident, a report on the occurrence of an accident site photograph, a driver's license register of an automobile driving license, a car inquiry, and a report on the internal investigation of mandatory insurance (as regards the circumstances of this case, a report on the situation of an accident).

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, 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 under the suspended sentence is that the Defendant was sentenced to a fine of KRW 4 million due to a drunk driving in 2017, but was sentenced to a fine of KRW 3 million at the time of the above punishment, and again committed the crime of drinking again at the time of the above punishment, and thus, the risk of recidivism is high. In light of the fact that the blood alcohol concentration at the time of the instant crime was higher than 0.108%, and that the instant crime was committed by a traffic accident that shocks the vehicle while

In consideration of this point, punishment shall be imposed by imprisonment.

However, the defendant shows his attitude of confessioning and opposing the crime of this case, the traffic accident of this case does not cause any particular damage as minor, and the defendant is punished by a fine of KRW 300,000,000 as a violation of the Road Traffic Act in 197, and in 199.