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 April 26, 2010, the Defendant was issued a summary order of KRW 2 million with fines of KRW 3 million for the same crime in the Busan District Court’s Busan District Court’s Branch Branch on April 26, 2010, and on September 21, 2017, the summary order of KRW 3 million was issued for the same crime.

【Criminal Facts】

On July 19, 2020, the Defendant, while under the influence of alcohol on 0.181% of blood alcohol concentration on July 19, 2020, operated approximately two kilometers from the road in front of the Defendant’s residence in the Southern Navy B to the road in the vicinity of the said Defendant’s residence, again, drive a e-mail vehicle with approximately two kilometers of alcohol volume to the adjacent road of the said Defendant.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Reports on internal investigation (related to the details of control);

1. Previous convictions in judgment: Criminal records, inquiry reports, investigation reports (violations of Article 44 (1) of the Road Traffic Act), and application of summary order 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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not very good for the crime to be committed at any time, and the voice of our society demanding strong punishment.

The defendant is a person who has been punished for drinking twice in the past.

Nevertheless, the risk of drinking driving has not been broken down, and it has caused serious danger to the safety of the general public by driving under drinking again.

At the time, the defendant's blood alcohol concentration is considered as the blood alcohol concentration of the defendant.

However, the defendant wrong and repents.