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 December 14, 2017, the Defendant was issued a summary order of a fine of one million won at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 12, 2019, at around 08:00 on August 12, 2019, the Defendant used BM 320d motor vehicles under the influence of alcohol concentration of approximately 500 meters from the section of approximately 500 meters to the front road of the Japanese intersection located in the Busan Jin-gu, Busan, for the purpose of drinking alcohol concentration of approximately 0.07%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of the result of crackdown on drinking driving;

1. Report on the circumstances of an employee;

1. Previous records: Application of one copy of inquiry report and summary order, such as criminal records, etc.;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. committed a second offense against the defendant with the reason of sentencing, and the blood alcohol level also exceeds 0.097%, in light of the circumstances, the defendant is selected to be sentenced to imprisonment with prison labor. The defendant’s age, character and behavior, and environment, including circumstances favorable to the defendant, including the fact that there was no other criminal records except before and after the driving of the second offense, and that there was no accident in the course of driving, etc., shall be determined by taking into account all the circumstances favorable to the defendant