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 May 9, 2007, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act. On October 20, 2008, the Defendant received a summary order of KRW 1.5 million for the same crime in the same court.

【Criminal Facts】

On April 18, 2020, the Defendant driven a E-Poter Cargo Vehicle, while under the influence of alcohol content of about 20km from the Seocho-gu, Changwon-si B market to the Dletertop front road located in Gangseo-gu, Busan, Busan, for about 0.04% of alcohol concentration.

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

Summary of Evidence

1. Report on the circumstances of the accused's legal statement, and inquiry into the records of the control of drinking driving;

1. Previous convictions as indicated in the judgment: Application of criminal history records, reference reports (A), investigation reports (former and previous records), Busan District Court Order 2008 High Court Decision 2008 High Court Decision 41809 Busan District Court Decision 2007 High Court Decision 2007 High Court Decision 17358 Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had previously been punished three times due to drinking driving, he again committed the instant crime, and caused a traffic accident due to drinking driving, and is not short of the scope of drinking driving.

In light of the above unfavorable circumstances, considering favorable circumstances such as the Defendant’s recognition of and reflects on the instant crime, the Defendant’s blood alcohol concentration is relatively low, and the Defendant has no record of exceeding the fine, the Defendant’s age, character and conduct, environment, motive and background of the instant crime, the process of detection of drinking driving, and the circumstances after the crime, etc., the sentence as ordered shall be determined by comprehensively taking account of the various circumstances revealed in the pleadings, including the Defendant’s age