A defendant shall be punished by imprisonment for one year.

except that 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 July 10, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on July 10, 2014.

【Criminal Facts】 On April 25, 2020, around 05:20 on April 25, 2020, the Defendant driven a DPo 911kra car in the state of drunk alcohol concentration of about 0.149% from the side road near Busan City, which is located in the Busan Sin-dong, to the roads in front of C in the Suwon-gu, Busan.

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

Summary of Evidence

1. Defendant's legal statement;

1. The inquiry into the result of crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of the drinking driver), and the report on request for appraisal;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes of an investigation report;

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished as a drunk driving, he/she was driving under the influence of drinking, and the degree of his/her driving under the influence of 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.