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

The defendant has a record of being notified of a summary order of a fine of KRW 500,000 on January 4, 2007 and a summary order of KRW 1.5 million on April 7, 2008 at the Daegu District Court for the violation of each Road Traffic Act.

On December 4, 2019, at around 20:41, the Defendant driven Cpoter cargo at around 0.075% under the influence of alcohol level 0.075% in a section of about 4km from the Do in front of a restaurant located in Busan-si B to the 4km road in front of the entrance.

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 statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same criminal records as the suspect);

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. Although Article 62(1) of the Act on the Suspension of Execution has two times the history of punishing drunk driving for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, a person shall be sentenced to imprisonment because of the reduction of the standard of regulating the harmful effects of drunk driving and the statutory punishment again after the implementation of the current Road Traffic Act, which greatly strengthened the standard of regulating the harmful effects of drunk driving. However, probation, etc. should not be imposed in light of the fact that there has been no history of the same punishment for the last ten years or more, blood alcohol concentration level falls short of the criteria for revocation of license, the previous two times or more, the circumstances to consider driving circumstances, such as the age, occupation, and family relationship of the defendant, and considering the defendant's intent and effort in light of driving circumstances and the defendant's personality and behavior.

b. It is so decided as per Disposition for more than one reason.