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

On April 16, 2008, the Defendant was sentenced to a suspended sentence of ten months by imprisonment for a violation of the Road Traffic Act at the Busan District Court on April 16, 2008, and on April 3, 2015, the Defendant was issued a summary order of two hundred and fifty thousand won by a fine for a violation of the Road Traffic Act at the Busan District Court's Dong branch branch.

On October 29, 2019, at around 04:15, the Defendant driven approximately three kilometers in the way of “D” in the parking lot of the Geum-gu Busan Metropolitan Government B, with a blood alcohol concentration of 0.034% (%) at the same Gu, while under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The fact that a suspended sentence was rendered due to a drunk driving before ten years prior to the reason for sentencing under Article 62(1) of the Criminal Act is disadvantageous, and that there is no fact of criminal punishment exceeding the recent fine, and that there is a favorable benefit to his/her mistake, and that there is no other motive and circumstance of the crime, time of the crime, and the degree of blood alcohol alcohol at the time of the crime, etc.