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 September 1, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on May 16, 2014, issued a summary order of KRW 2 million for the same crime at the Busan District Court's Dong Branch.

【Criminal Facts】

On August 15, 2020, the Defendant driven a car at CTBri-ri, from the front side of the Busan-gun B market to the front side of the public parking lot in the Busan-dong, Busan-dong, Busan-dong, Busan-dong, while under the influence of 0.123% of blood alcohol level around 06:21.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the applicable provision on criminal facts, the choice of imprisonment, 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 reasons for sentencing under Article 62-2 of the Criminal Act, as stated in the previous conviction in the judgment of the Defendant, was not only punished twice due to drinking driving, but also re-offending despite the record of punishment for drinking driving in 2002. Not only the drinking level at the time of the instant case, but also the distance of drinking driving, as well as the criminal liability of the Defendant, is not easy in that it is considerable.

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.