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 February 4, 2014, the Defendant was issued a summary order of a fine of three million won at the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On July 21, 2020, the Defendant was driving a car in the state of alcohol alcohol concentration of 0.098% from the section in the French section from the bottom of the city of Busan to the roads in front of the restaurant located in the city of Busan, the Defendant was under the influence of alcohol concentration of 0.098%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement, the report on the circumstances of the driver's oral statement, and the result of crackdown on drinking;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect A drinking driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the background leading up to the instant crime, the blood alcohol concentration level at the time of committing the instant crime, driving distance, driving records, the Defendant’s age, character and conduct, motive, circumstances, means and consequence of the instant crime, etc., and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after committing the crime, etc., and the sentence as ordered.