The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 16, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the violation of the Road Traffic Act (driving) from the Busan District Court’s Busan District Court’s Branch Branch.

On October 15, 2019, while under the influence of alcohol at around 23:20% of blood alcohol concentration, the Defendant driven D-Wz automobiles from around 300 meters from the front of Seocheon-si, B to the front of Seocheon-si, Seocheon-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of a copy of Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. In addition, taking into account the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, circumstance of the crime, etc., the number of times of punishment for the same crime, the frequency of punishment for the same crime, the confession of the crime is divided, the mistake is divided, and the intention to not repeat the crime is expressed.