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 6, 2016, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court.

On October 20, 2019, at around 02:05, the Defendant driven a cafeteria-lurgn-turged vehicle with approximately 3km alcohol concentration of about 0.116% in the 3km section from the front of the restaurant where the trade name in Yangsan City B is unknown to the front of the D store in the same city C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Inquiry reports on criminal records, etc., pre-dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes governing summary orders;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

Unfavorable circumstances: although the defendant had been punished for drinking driving in 2016, he again committed the crime of drinking driving again for only three years, in light of the social harm and danger of drinking driving, the nature of the crime is heavy, the possibility of criticism is considerable, the distance of drinking driving is long, and the degree of alcohol concentration in blood is high as a ground for revocation of license: The defendant is able to recognize his own crime and reflect his mistake in depth and stop again from committing the same kind of crime; the danger of ordinary traffic, such as traffic accident, etc., has occurred.