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 became final and conclusive.

Punishment of the crime

On January 23, 2013, the Defendant was issued a summary order of KRW 4 million by the Busan District Court as a crime of violating the Road Traffic Act.

On August 31, 2019, at around 04:05, the Defendant, who was punished for drunk driving, driven a DK5 vehicle with a blood alcohol content of about 0.065% from the 5km section of around 04:05,05, around the road near the C, located in the Dong-gu, Busan, to the front road in the Geum-gu, Seog-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report prior to judgment: Application of criminal history records, inquiry reports, and summary order 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;