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 of the final judgment.

Punishment of the crime

[Criminal Power] On September 2, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On November 13, 2019, at around 22:20, the Defendant driven B Poter Cargo Vehicles with approximately 700 meters alcohol concentration 0.148% under the influence of alcohol from the 700-meter section around the motherhouse in the city of Maradong, Busan to the frontway of the Poter in the same Dong.

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

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Statement of the results of the drinking driving control;

1. Entry in the report on the actual state of the driver;

1. Application of Acts and subordinate statutes entered in the inquiry report on criminal records, etc.;

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 Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order, has been punished five times and among them, decided to be sentenced to imprisonment, taking into account the following factors: (a) the number of years of punishment for the same kind of crime includes four times the number of years of punishment; (b) the suspended sentence of imprisonment is included one time among the records of punishment for the same kind of crime; and (c) the blood alcohol concentration at the time

However, the probation and community service order shall be sentenced to a suspended execution where the probation and community service order are added, taking into account the circumstances such as the fact that the defendant is led to a crime, the defendant's family including his/her child, the fact that the case does not cause any additional damage due to drinking and driving.