A defendant shall be punished by imprisonment for one year.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On December 28, 2017, the Defendant was ordered to suspend indictment for a violation of the Road Traffic Act at the Busan District Public Prosecutor's Office as well as at the Busan District Public Prosecutor's Office.

【Criminal Facts】

On August 10, 2020, the Defendant driven a car with Drops in the state of alcohol of about 0.21% in the section of about 1km from the Busan Young-gu Burmoth to the front road of the Busan Jung-gu C department store.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement (report on the situation of the driver), investigation report (as to the visit and measurement at the site)

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Criminal Act is the same kind of power at one time, and the drinking water of this case is high.

However, the defendant's acknowledgement of the crime and reflects on his criminal records, and the distance of drunk driving is about 1 km without any special criminal records prior to his previous conviction, the circumstances of drunk driving, and all other circumstances revealed in the records and arguments of this case shall be determined as ordered by the decision.