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 28, 2017, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the branch court of the Busan District Court.

【Criminal Facts】 On March 10, 2020, the Defendant driven a Da QM3 car in the state of alcohol with approximately 500 meters alcohol concentration 0.109% under the influence of alcohol, from the section of approximately 500 meters from Yangsi to the front road of Yangsan-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of one copy of a summary order, such as inquiry about the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver (the previous record), criminal records, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for a drunk driving crime; however, the crime of this case has been led to the confession of the crime of this case and the mistake has been divided, and there has been no record of punishment exceeding the fine, and other various sentencing factors, such as the defendant's age, environment, family relationship, blood alcohol concentration and driving distance, etc., shall be determined as the order.