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 December 12, 2012, the Defendant was issued a summary order of KRW 500,000 by the Busan District Court due to a violation of the Road Traffic Act (driving) and was sentenced to a fine of KRW 5 million by the same court on March 23, 2017.

On October 9, 2018, at around 05:15, the Defendant driven a car with blood alcohol content of 0.122% from a section of approximately 2km from the road in front of the U.S., Namnam-dong, Busan, to the road in front of the Manduk-dong, Busan, to the road in front of the Manduk-dong, Busan, the Defendant driven a car under the influence of alcohol content of 0.12%.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Investigation report (Report on the status of an employee);

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for one year - three years;

2. Determination of sentence: One year of imprisonment and two years of suspended sentence (unfavorable circumstances). The crime of this case is not likely to be committed by the defendant while under the influence of alcohol;

Although the Defendant had been punished twice due to the same kind of crime, there is a high possibility of criticism again for the instant crime because it has not been punished.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

The defendant has no power to be punished heavier than a fine.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes in this case, and after the crime is committed.