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 July 25, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on May 10, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Busan District Court.

On December 4, 2019, at around 01:20, the Defendant driven a d-wing truck with a alcohol level of about 2.5 km from the front of the road located in the Dong-gu Busan Metropolitan City, Dong-gu, to the front road in the same city-dong, Nam-gu, Seoul Metropolitan City, with approximately 2.5 km alcohol level of about 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of two copies of a summary order;

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 is that the defendant had been punished several times due to drunk driving, but he/she also driven under the influence of drinking, and the degree of driving under the influence of drinking.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.