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 December 15, 2017, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court’s Branch Branch.

【Criminal Facts】

On April 12, 2020, at around 23:35, the Defendant driven a Fran vehicle under the influence of alcohol concentration of about 0.140% from the 7km section from the front road in Kimpo-si B to the front road of the D building E-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driving, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Each investigation report (report on the situation of the driver, confession of a suspect and driving distance);

1. Before judgment: Criminal records, investigation reports, and application of summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have been committed by the Defendant, who was punished for drinking in 2006 under the influence of alcohol again in 2017 and was punished for driving under the influence of alcohol again in 2017, and again run under the influence of alcohol again in 3 years thereafter. The risk of recidivism is very high, and the Defendant is highly likely to commit the instant crime in light of the background and consequence of detection, such as the control of drunk driving while drunk, and the high blood alcohol concentration

In consideration of this point, punishment shall be imposed by imprisonment.

However, the suspension of execution shall be sentenced at once taking into account the fact that the defendant has led to the crime of this case and is in profoundly against the defendant, and that there is no criminal punishment exceeding the fine.

The punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.