A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 14, 2009, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Busan District Court on December 14, 2009, and on January 9, 2017, the Defendant issued a summary order of KRW 1.5 million to a fine at the Changwon District Court on January 9, 2017.

On September 1, 2020, at around 02:05, the Defendant driven a Ma-ri vehicle while under the influence of alcohol with approximately 0.088% of blood alcohol concentration from around the C Hospital located in Kimhae-si, to the front road of Kimhae-si, Kim Jong-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the criminal defendant's previous conviction and reflective crimes);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;