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 November 29, 2006, the defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act. On June 9, 2009, the Busan District Court issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 31, 2019, around 00:10 on October 31, 2019, the Defendant driven the Defendant’s vehicle E-5 vehicle volume while under the influence of alcohol level of about 0.121% from the C parking lot located in Busan District to the front side of the D hotelwest.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition on drinking at least once.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the results of the crackdown on drunk driving, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), and the inquiry into the results of the crackdown on drunk driving;

1. Previous records: Application of criminal records and other inquiry reports and investigation reports (Attachment to judgment for re-offending of sound driving) Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 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. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):

1. The Defendant, for the reason of sentencing under Article 62-2 of the Probation Criminal Act, committed the instant crime once again even though he had a history of criminal punishment twice due to drunk driving, and the degree of blood alcohol concentration at the time of committing the crime cannot be said to be low. However, there is no history of criminal punishment since 2010, and there is no history of criminal punishment after 2010, taking into account the Defendant’s age, family condition, etc.