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 March 20, 2007, the Defendant committed a violation of the Road Traffic Act (LA) at the Busan District Court's Branch Branch on March 20, 2007, with a fine of one million won, and on December 23, 2009, with a fine of one million won from the Suwon District Court's Ansan Branch on December 23, 2009, and violated the Regulations on Prohibition of Drinking Driving at least twice.

On July 2, 2019, at around 04:26, the Defendant driven D SP car volume in the state of alcohol of about 2 km from the front of Seocheon-si, B to the front of Seocheon-si, Busan, while under the influence of alcohol of about 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on confirmation of the same kind of records), and application of each summary order statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In view of the fact that the Defendant committed the instant crime even though he had the same criminal history, and the blood alcohol content of the instant case reaches 0.111%, the Defendant’s liability for the crime is not less light.

However, the punishment shall be determined like the order, comprehensively taking into account the following factors: the defendant is against himself and has no record of punishment exceeding the fine; the content, time and frequency of the same crime records; circumstances after the crime; the age, character and conduct, health status, family relationship, economic circumstances, etc. of the defendant; and the various sentencing conditions in the trial shall be determined as ordered.