A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 14, 2007, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act in the Busan District Court's branch court's order on September 14, 2007, and on December 4, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Busan District Court's Busan District Court.

At around 06:10 on June 7, 2020, the Defendant, while under the influence of alcohol at 0.163% of blood alcohol level, violated the provision on the prohibition of drinking driving by driving a DNA car from the Do front of the Busan Solsan cafeteria, which is located in the Solsan-dong, to the “C” located in Suwon-gu B, Busan, at least 3.5 km.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records as stated in the report on the results of crackdown on drinking driving, the statement on circumstances of a drinking driver: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and written judgments;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant had been punished several times due to drunk driving, but he/she also driven under the influence of drinking, and the degree of his/her drinking.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.