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 December 14, 2006, the defendant was issued a summary order of KRW 1 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On August 27, 2019, at around 23:35, the Defendant driven a rocketing car with the blood alcohol concentration of 0.214% from around 2km to the front of C from around 2km to around 3:35 on August 27, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 fact that an order to attend a lecture and an order to attend a community service order recognize the facts charged of sentencing under Article 62-2 of the Criminal Act, the fact that there is no criminal record exceeding a fine, and that all the criminal records committed before ten years are favorable to the defendant

On the other hand, the fact that blood alcohol concentration is high and that three times before drinking driving is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.