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 December 11, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court, and was sentenced to a fine of 1.5 million won for the same crime at the Changwon District Court on November 7, 2016.

On January 4, 2020, at around 07:30, the Defendant driven a D-to-purgn vehicle with approximately 1.5km alcohol concentration 0.07% under the influence of alcohol in the section from around 1.5km to the front road of the city located in the Seo-gu Busan Metropolitan City Clock Act from around 07:30, 2020.

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. Making a report on the control of drinking driving;

1. Criminal records;

1. Application of Acts and subordinate statutes to investigation reports (including reports on criminal records of the same kind and summary orders attached thereto);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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's responsibility is very heavy in view of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was imposed two times a fine due to drunk driving prior to the instant case; (b) the blood alcohol level at the time of the instant driving does not fall under 0.07%; and (c) the drinking driving is very dangerous criminal that may lead to the life of another person.

However, it is reasonable to consider that the defendant reflects his mistake, and that there is no record of punishment heavier than the fine prior to the instant case.

In addition to the above circumstances, the Defendant’s age, occupation, character and conduct, environment, family relationship, motive, background, means and consequence of the instant crime, and all of the sentencing factors shown in the records and arguments, including the circumstances after the commission of the crime, shall be determined as ordered.