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 October 21, 2015, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.

On July 4, 2019, at around 01:11, the Defendant driven a D SM5 car while under the influence of alcohol content of about 0.09% from approximately 50 meters from the front of Seocheon-si, B to the front of Seocheon-si, Busan.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' standing statement, and report on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of summary order statutes;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the accused’s recognition of the crime and reflects on the crime; (b) the motive and background of the crime of this case; (c) the volume of blood alcohol concentration (0.099%) of blood alcohol concentration; (d) driving distance; (e) circumstances after the crime; and (e) the Defendant’s age, character and conduct, family relationship, and economic circumstances; and (e) the punishment is determined as ordered by the disposition.