A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On January 20, 2010, the Defendant was issued a summary order of a fine of two million won at the Busan District Court due to a violation of the Road Traffic Act (dacting driving).

[2] On August 7, 2020, the Defendant driven a Fcoon car in the state of alcohol alcohol leveling to about 9.5km from the front side of the “C” in the Geum-gu Busan Metropolitan Government B and the first floor to the Busan Shipping Daegu D apartment E-dong parking lot.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by the driver at regular port, a report on detection of the driver at primary driving, and an investigation report (specific distance for driving under drinking);

1. Response to a request for appraisal;

1. Previous records of seizure and previous records on the list of seizure: Application of inquiry letter, such as criminal history, and investigation report (Attachment to the summary order of the same type of crime record) by statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order of education under Article 62-2 of the Criminal Act has the same record of sentencing, and the drinking distance of this case not only is high, but also is reasonable.

However, the defendant's acknowledgement of the crime of this case and reflects the fact that the defendant was punished by a fine for the crime of this case in 2010, and thereafter there was no record of punishment, the circumstances of the crime, and all other circumstances revealed in the records and arguments of this case shall be determined as ordered by taking into comprehensive account.