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 June 1, 2018, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Busan District Court’s Branch Branch.

【Criminal Facts】

On October 14, 2019, at around 01:48, the Defendant driven a FUM125 Q two-wheeled vehicle with a blood alcohol content of 0.183% under the influence of alcohol on the front road located in Seo-gu Busan, and the front road of the Epia Institute located in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Report on detection of drinking drivers and the results of crackdown on drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Drinking driving is highly likely to infringe on the life and property of others as well as himself/herself.

In addition to the first head written in the judgment, the defendant has been punished for a crime concerning the operation of a motor vehicle.

The blood alcohol concentration at the time of the instant crime is considerably high.

A favorable normal situation: The defendant shows an attitude to recognize and reflect his mistake, and the actual driving distance is not visible.

In addition, in consideration of the age, character and conduct of the defendant, motive, means and result of the crime, circumstances before and after the crime, etc., various circumstances constituting the conditions for sentencing as shown in the arguments in this case, the punishment as ordered shall be determined.