A defendant shall be punished by imprisonment for one year.

except that 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 March 23, 2015, the Defendant was issued a summary order of KRW 1 million by the Busan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 23:55 on September 17, 2019, the Defendant driven an Efluoring car from around 1 km to the roads adjacent to the Busan B store located in the Busan B, while under the influence of alcohol by 0.035% of alcohol level from blood alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of traffic accident of F;

1. Traffic accident report (1) and (2), report on the circumstantial statement of a drinking driver, investigation report, investigation report (report on the circumstantial statement of a drinking driver), inquiry into the results of crackdown on drinking driving, and photographs related to traffic accidents;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Probation and community service order sentencing under Article 62-2 of the Criminal Act committed once again even though the defendant had a record of criminal punishment due to drunk driving, and the traffic accident at the time of the instant crime also occurred. However, the punishment as ordered by the disposition is to be imposed in consideration of the defendant's age, social relationship, etc., by taking into account the following factors: (a) the confession of all the crimes and the depth of his mistake is divided; (b) the degree of alcohol concentration in blood is low at the time of the commission of the crime; (c) the retired from the crime is being committed; (d) the person who was punished twice by a fine including the past record of the violation of the Road Traffic Act as stated in the judgment;