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 became final and conclusive.

Punishment of the crime

[Criminal Power] On May 18, 2016, the Defendant was issued a summary order of KRW 3.5 million by the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

Around 05:55 on July 29, 2019, the Defendant, who was punished for drunk driving, driven a DNA car owned by the Defendant under the influence of alcohol concentration of about 0.057% from the road near C, where it is impossible to identify the detailed address in Busan Southern-gu B, Busan-ro 140 o-ro, Busan-ro, to the Dongcheon-ro 31, 8km-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employer-employed driver (on-site preparation);

1. Making a report on the control of drinking driving;

1. Attachment of revised data on the results of the crackdown on drinking driving;

1. A copy of the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes such as criminal records, inquiry reports, summary orders, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following).

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for the crimes of violation of the Road Traffic Act.

3. On May 18, 2016, the Defendant was sentenced to a summary order of a fine of KRW 3.5 million at the Busan District Court for a violation of the Road Traffic Act, and was sentenced to a summary order of KRW 3.5 million for the same kind of power, and the Defendant is not in good quality of the crime.

However, the defendant led to confession and reflect on the crime of this case.

The defendant gets off and drives a house on the new wall that led to him, and it is again again because she has not broken the night of the past night.