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 October 29, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million at the Changwon District Court for a crime of violation of the Road Traffic Act. On February 6, 2012, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1.5 million at the Changwon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 5, 2019, at around 00:09, the Defendant driven a vehicle B with a blood alcohol concentration of about 0.045% in the section of about 30km from the 30km to the front road of the Gaukdong in Gangseo-gu Busan Gangseo-gu, Busan.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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. It is so decided as per Disposition for the reason that community service work is not less than Article 62-2 of the Criminal Act (the time of execution can be flexibly conducted within the period of suspension of execution in consideration of the defendant's overseas business trip and recent cona situation);