A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 6, 2013, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Busan District Court on May 6, 2013, and a summary order of KRW 1.5 million by the same court on May 7, 2013, respectively.

On June 29, 2019, at around 05:15, the Defendant, who was punished for drunk driving, driven a car, which is owned by the Defendant, in the state of alcohol 0.150% of blood alcohol concentration, from a part of about 1km from the Defendant’s residence located in Geum-gu, Busan to a road located in 1810 in the center of the Geum-gu, Busan to the front road of the Man-nam square located in 1810.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. The reasoning for sentencing under Article 62(1) of the Criminal Act is as follows: (a) the Defendant was sentenced to two times a fine due to drunk driving in 2013; and (b) the blood alcohol concentration level in the instant case is considered; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; and (d) the circumstances that conditions for sentencing, such as the circumstances after the commission of the offense, are considered.