A defendant shall be punished by imprisonment for one year.

except that 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 May 13, 2010, the Defendant issued a summary order of KRW 500,000 to a fine for a violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On December 4, 2019, at around 21:54, the Defendant driven the Defendant D UH125 Oralb in the state of alcohol leveling 0.062% of alcohol level from around the Busan Jung-gu B market to the front road of the Busan Dong-gu C building.

As a result, the Defendant again driven a motorcycle while under the influence of alcohol as a person who has violated the prohibition on drinking once or more times.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

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

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of violation of the regulations prohibiting driving sound driving);

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

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. The reason for sentencing under Article 62(1) of the Criminal Act requires a strict measure to the effect that the defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, once he/she had a record of criminal punishment for drunk driving, once again commits the crime. However, the defendant confessions all the crime and repents his/her mistake in depth, the defendant's degree of alcohol concentration at the time of committing the crime is not high, and there is no record of criminal punishment except for the records of violation of the Road Traffic Act as stated in the judgment, and the defendant's age, occupation, etc. are considered as ordered.