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

On August 31, 2006, the defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

On July 10, 2019, around 00:34, the Defendant driven a B low-speed car with a blood alcohol concentration of about 0.206% in the 2km section from the front of the mountain fire fighting boat located in the ancient-gu, Yongsan-gu, Yongsan-gu, Goyang-si to the front day of the 317 high-class mountain village located in the same Sinsan-gu, Seog-gu, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant was punished by a fine due to drunk driving, but the Defendant re-driving the vehicle.

At the time, blood alcohol concentration is very high.

On the other hand, it is against the defendant's wrong recognition.

Alongly, it was limited to a simple drinking driving without any human or material damage.

The punishment as ordered shall be determined in consideration of all the sentencing factors shown in the pleadings of this case, such as the circumstances mentioned above, the distance of driving, the time interval between the past and the crime of drunk driving, the age, character and conduct, environment, family relationship, etc. of the defendant.