A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 7, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Busan District Court, and was sentenced to suspension of indictment on April 21, 2017 at the same branch office of the Busan District Public Prosecutor's Office.

[2] On August 13, 2020, the Defendant driven D's car from the above "C" parking lot to the front road while under the influence of alcohol level of 0.076% in the blood, at around 03:44, the Defendant driven D's car from around 3 meters to the front road.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act committed a second offense despite the fact that the Defendant was subject to criminal punishment or suspension of indictment due to drinking, and the fact that the drinking value at the time of the instant case does not lower is an unfavorable condition to the Defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant did not repeat the crime while against the mistake; (b) the distance of drinking driving is short; (c) the defendant has no record of criminal punishment exceeding the fine; and (d) the defendant's age, sex, environment, motive or circumstance of the crime; (b) the means and method of the crime; (c) details and results of the crime; and (d) the circumstances after the crime.