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 January 28, 2013, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a violation of the Road Traffic Act, and a fine of KRW 2 million with the said court on March 8, 2019.

On June 28, 2019, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act twice, driven D SP car at approximately 50 meters from the 50-meter section from the 23:05 Kimhae-si, Kim Jong-si, to the Damo-si Road, with blood alcohol concentration of 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Requests for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary work and mitigation of circumstances under Articles 53 and 55(1)3 of the Criminal Act (i.e., the fact that white and seriously reflects the situation, the fact that there is no previous conviction exceeding the fine, and the fact that the defendant seems to drive only a short distance when requested to move the parked vehicle);

1. Article 62 (1) of the Criminal Act on the suspension of execution (ney consideration for repeated circumstances favorable to living in the future);

1. Probation and community service order under Article 62-2 of the Criminal Act;