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 May 7, 2010, the Defendant was issued a summary order of KRW 2 million for the crime of the Road Traffic Act at the Busan District Court’s branch branch.

【Criminal Facts】

On May 16, 2020, at around 00:57, the Defendant driven a D Uidi A6 car under the influence of alcohol concentration of about 0.147% from the 2km section from the 2km to the front road of the Busan District captain-gun C, Busan.

As a result, the defendant was a person with the power of violating the Road Traffic Act prohibiting driving under the influence of alcohol again, and driving the said vehicle under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of 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 punished for drunk driving, re-offending again, and the drinking alcohol level at the time of the instant case is not low, and the driving distance at the time of drinking is a considerable disadvantage to the defendant.

However, the fact that the defendant does not repeat the crime because he reflects the mistake, there is no record of criminal punishment exceeding the fine against the defendant, and a considerable period of time has elapsed since the day of the crime in the previous conviction in the judgment, and other various conditions of sentencing as shown 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, etc., shall be determined as the sentence like the order.