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 November 24, 2011, the defendant received a decision to forward the case to the Juvenile Department as a crime of violation of the Road Traffic Act from the Busan District Court.

around 06:20 on April 10, 2020, the Defendant driven a F QM6 car with approximately 250 meters alcohol concentration 0.141% under the influence of alcohol on the front of the Geumcheon-gu B apartment guard room in Busan, and through the front road of the “Druping soup” road in the same Gu C, from around 250 meters to the front road of the said “B apartment” E-dong.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. Previous convictions in judgment: Application of investigation reports (verification of suspect driving records)-related 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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act include the following: (a) the Defendant again committed the instant crime even though he/she had the record of being subject to juvenile protective disposition due to the same kind of crime; (b) the Defendant’s blood alcohol density; and (c) the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime; and (d) the various conditions of sentencing