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 August 8, 2008, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's branch court's branch court.

【Criminal Facts】

On April 14, 2020, at around 21:50, the Defendant driven a D Blue-type car under the influence of alcohol concentration of about 0.063% from the section 200 meters from the front of Busan Dongdong-gu B apartment road to C.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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 reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been punished two times for the violation of the Road Traffic Act.

However, the distance of the defendant's driving is not relatively long, the blood alcohol concentration of the defendant is not high, and the defendant has no criminal records exceeding the fine.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, family environment, circumstances after the crime, and circumstances after the crime.