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

On January 29, 2014, the Defendant was sentenced to a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court. On March 13, 2017, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court.

On September 14, 2019, around 21:43, the Defendant driven a motor vehicle from the front of the “C” in the north-gu, Busan, to the front of the “D” road, approximately 3 meters, with a blood alcohol concentration of 0.105% under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (Attachment of the same type of crime records) and 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. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) is that the Defendant was sentenced to a fine on a multiple occasions as stated in the previous record of the judgment, but the criminal act was committed again and is disadvantageous to the Defendant.

However, considering the fact that the defendant made efforts to cause damage to drinking driving through a proxy driving, there are circumstances that can be considered in the circumstances leading to the criminal act in which the defendant was committed, the distance of the defendant's driving is extremely short, and the defendant has no record of punishment heavier than the suspended sentence of imprisonment without prison labor, the circumstances favorable to the defendant are considered.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and consequence of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case.