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 of the final judgment.

Punishment of the crime

On March 20, 2015, the Defendant was issued a summary order of KRW 1,50,000 by the Changwon District Court as a crime of violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving as above, at around 01:00 on June 26, 2019, the Defendant driven an EM3 car in the state of alcohol with approximately 200 meters alcohol concentration of 0.246% from the road located in the Busan East-gu, Busan to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

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 201Do1148, Apr. 1, 201; Decision 201Do1148, Apr. 2, 201);

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

1. Social service order under Article 62-2 of the Criminal Act;