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 July 9, 2012, the Defendant was issued a summary order of KRW 3 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On October 10, 2019, around 00:50 on October 10, 2019, the Defendant driven D K3 automobiles with approximately 100 meters distance from the road near Busan Jin-gu B building to the front road of the same Gu C building, while under the influence of alcohol concentration of about 0.236%.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. According to the evidence list, the notice of the results of the influence of alcohol driving control, the statement of the situation of the driver, the Busan Scientific Investigative Research Institute (Evidence List No. 10) of the National Research and Investigative Research Institute, the name of evidence is stated as the "National Research and Investigative Research Institute" as the "National Research and Investigative Research Institute" against the defendant who responded to by the National Research and

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);

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. The sentencing of Article 62-2 of the Criminal Act requires a comprehensive consideration of the following factors: (a) the Defendant again committed the instant crime even though he/she had the record of punishment for the same kind of crime; (b) the Defendant’s blood alcohol concentration; and (c) the Defendant has no record of punishment exceeding the fine; and (d) the Defendant’s age, character and conduct, and environment, and other various sentencing conditions specified in the trial