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 May 18, 2009, the Defendant issued, at the Busan District Court, a summary order of one million won or more for the crime of violating the Road Traffic Act, and on July 3, 2013, a summary order of two million won or more for the same crime at the same court.

On January 3, 2020, at around 22:01, the Defendant driven a F K3 car with a alcohol level of 0.167% under the influence of alcohol level of 0.167% at a 150-meter section from the front side of the road located in Busan Heung-gu B to the EF road located in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate 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. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The fact that the reasons for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished for drinking driving as stated in the facts constituting the crime, is an unfavorable circumstance to the defendant.

However, it is favorable to the defendant that the defendant has no record of being sentenced to the punishment heavier than the suspended sentence of imprisonment without prison labor, that there is clear social relation between the defendant and the social relation of the defendant, and that the defendant has expressed his intent to dispose of the motor vehicle and not to drive

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