A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On August 6, 2013, the Defendant was issued a fine of 1.5 million won at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 02:40 on January 26, 2020, the Defendant driven the Ecopic car in a state of alcohol of about 0.216% of blood alcohol concentration from the 1km section to D located in C, from the vicinity of the B Village in Chungcheongnam-gun, Chungcheongnam-gun to D.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same type of punishment), and application of Acts and subordinate statutes of each summary order;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol density at the time of the instant case; and (b) the Defendant’s age, character and conduct, environment, criminal records (which have the records of being sentenced to two times a fine due to the same kind of crime); (c) the distance of drunk driving; and (d) the circumstances after the instant crime, etc.,