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 14, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Busan District Court.

At around 19:50 on December 4, 2019, the Defendant driven a D-free car with a blood alcohol concentration of about 0.051% from a 600-meter section from the front of the Defendant’s residence in Yangsan-si B to the front road in Yangsan-si.

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. Application of Acts and subordinate statutes on summary order;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized his mistake and reflects the fact that there is no record of punishment exceeding the fine; (b) the fact that the previous offense was committed for more than 10 years, considering the favorable circumstances that the Defendant had been punished three times due to drinking driving, the fact that the Defendant had a record of punishment three times due to drinking driving shall be considered disadvantageously; and (c) the punishment as ordered shall be determined by taking into account all the circumstances indicated in the records, such as blood alcohol concentration level and the distance of drinking alcohol level, the age, character