A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above sentence shall be postponed for one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On April 7, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Busan District Court’s branch branch.

【Criminal Facts of Crimes】 On November 23, 2019, the Defendant driven a D-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Response to the request for appraisal;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (Attachment to summary orders);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Although there was a history of punishment for driving under the influence of alcohol prior to the reason for sentencing under Article 62-2 of the Criminal Act, the Defendant committed the instant crime of drinking alcohol at the same time, the Defendant’s blood alcohol concentration at the time is very high, and the Defendant’s liability for the crime is not easy, and the fact of causing a traffic accident by driving the vehicle while drinking alcohol, etc. is disadvantageous to the Defendant.

The short distance of this drinking driving, the fact that the defendant recognizes and reflects a crime, and the fact that there is no specific criminal force other than the judgment, etc. is favorable to the defendant.

In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.