A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 12, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch.

Although the Defendant had been punished for drinking driving as above, on December 28, 2020, 21:30 around the center of Busan Dong-gu around December 28, 2020, the Defendant driven a Bpp franchise more under the influence of alcohol concentration of about 0.045% from a public parking lot located in 1414 in the city of Busan Dong-gu to a road in front of the previous public parking lot.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Investigation into the defendant's legal statement and report (report on the situation of the driver in charge) into the records of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) committed the instant crime in spite of the fact that the Defendant was punished as a crime of violating the Road Traffic Act (dacting driving).

However, due to favorable circumstances, such as the fact that the Defendant did not repeat the crime of this case while against the crime of this case, that there was no record of punishment other than the previous fine of this case, and that the alcohol concentration among the blood of the Defendant was not significantly high at the time of the crime of this case and the distance of driving was short.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family environment, background of the crime, circumstances after the crime, etc., and all the conditions for sentencing as shown in the records and arguments of this case.