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 July 7, 2008, the Defendant issued, respectively, a summary order of KRW 1 million for the crime of violating the Road Traffic Act, in the Gwangju District Court’s net support on July 7, 2008, and on December 24, 2014, the same court issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act.

【Criminal Facts】

On March 15, 2020, at around 04:30 on March 15, 2020, the Defendant driven a car with Fenz E300, while under the influence of alcohol content of about 0.151% from the 100-meter section to the E convenience store located in C, Busan-gun, Busan-gun.

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. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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. 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, even though the defendant had been sentenced to punishment for drinking driving, re-offending again, and the fact that the defendant had a high drinking level at the time of the instant case and carried out an accident that shocks the parked vehicle during drinking driving, is disadvantageous to the defendant.

However, the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and method of the crime, contents and result of the crime, etc., shall be determined as ordered in full view of the fact that the defendant does not repeat the crime, that there is no record of criminal punishment exceeding the fine of the defendant, and that there is no other record.