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 April 26, 2010, the Defendant received a summary order of KRW 1,50,000,000 from the Ulsan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 25, 2020, at around 01:20, the Defendant driven a motor vehicle E Saturdays in the direction of approximately 6km alcohol concentration of about 0.194% from the section of approximately 6km to the northwest of the Busan Shipping Daegu D market.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report of the police suspect interrogation protocol of the accused (blood collection result);

1. A written report from an employee of an employer;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of drinking power);

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. Article 62 (1) of the Criminal Act;

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) motive and circumstance of the instant crime; (d) the means and consequence after the instant crime was committed;

The favorable sentencing condition: The crime of this case appears to be recognized and reflected, and the sentencing condition unfavorable to the fact that there is no record of criminal punishment except the criminal records in the judgment: the crime of this case has been committed again despite being sentenced to criminal punishment due to drinking driving, and the defendant's blood alcohol concentration is considerably high at the time.