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 February 8, 2018, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Busan District Court’s Branch Branch Branch on February 8, 2018.

【Criminal Facts】

On February 17, 2020, at around 14:25, the Defendant driven CM5 car while under the influence of alcohol of about 35 km from around 0.04% alcohol concentration to the point of Daegu of the Central Highway located in the front side of the Busan High-gu, Busan High-si, to the point of 2.3km in the east-si, Kimhae-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the past against a suspect);

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 Order to Provide community service and attend lectures has already had the same criminal records to the defendant, the defendant's occurrence of an accident that meets the guard of an expressway while driving under the influence of alcohol was likely to lead to a big accident, on the other hand, the fact that the defendant's mistake is recognized and the second offense is not possible, and other circumstances shown in the public trial of this case are considered in consideration of the various circumstances shown in the public trial of this case.