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 January 9, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Busan District Court's Dong branch branch court, and KRW 3.5 million for a crime of violation of the Road Traffic Act in the Busan District Court's Dong branch branch court on April 24, 2015.

At around 06:20 on January 18, 2020, the Defendant driven a 200-meter B SM5 car from the roads in front of the mountain basin in Busan Shipping Daegu to the front road, which is located in the same Jung-dong and Jung-dong in the same Gu, while under the influence of alcohol of 0.183% of blood alcohol level.

The Defendant, as seen above, has violated the prohibition of drinking once driving, but again driven under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous records of judgment: Criminal records, repeated statements, and the application of two copies of judgment to two 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 Code of the Order of Education and the Order of Community Service is that the defendant, even though he was punished for drunk driving, has also been under the influence of drinking, and the degree of drinking is too serious.

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.