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 May 31, 2016, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Busan District Court’s Dong Branch, and KRW 5 million as a fine at the Busan District Court’s Busan District Court on March 29, 2018.

Nevertheless, around 04:48 on January 23, 2020, the Defendant driven B-low-scale car under the influence of alcohol content of about 3 km from about 0.087% at around 16,000,000, Seo-gu, Seo-gu, 35-ro 16,000, Seo-gu, Seo-gu, 2000.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions in judgment: References to criminal records, etc., investigation reports (componating of criminal records of the same kind as a suspect), one copy of summary order (limited to filing of summary orders of the same kind of criminal records), Busan District Court Decision 2016 High Court Decision 796 Decided 796, Busan District Court Decision 2017 High Court Decision 16301, Busan District Court Decision 201

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;

1. In full view of the circumstances leading up to the instant crime for sentencing under Article 62-2 of the Criminal Act; the degree of blood alcohol concentration and driving distance at the time of the commission of the instant crime; the Defendant’s age, character and conduct, motive, circumstances, means and consequence of the commission of the instant crime; circumstances after the commission of the crime; and all of the sentencing conditions indicated in the instant arguments and records, including the record, shall be determined as ordered.