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 October 17, 2017, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s branch branch branch on October 17, 2017.

【Criminal Facts】

On November 2, 2019, at around 04:14, the Defendant driven a two-wheeled automobile under the influence of alcohol concentration of about 0.183% from the 5km section to the C-way located in Busan Dong-gu, Busan, the Defendant driven a two-wheeled automobile under the influence of alcohol concentration of about 0.183%.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Records before judgment: Criminal records, etc., and the application of Acts and subordinate statutes of inquiry reports and investigation reports (Evidence List Nos. 17);

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 reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act, committed a second offense even though the defendant had the record of drunk driving, and the defendant selected imprisonment in light of the situation of driving 5 km in the state of drinking alcohol level at 0.183% and the level of 5 km from blood alcohol level: Provided, That the punishment as ordered shall be determined by comprehensively taking account of all the circumstances favorable to the defendant, including those favorable to the defendant, including the following: (a) there is no other criminal record except for the previous drunk driving and one time; and (b) there is no personnel accident in the course of driving.