A defendant shall be punished by imprisonment for not less than eight months.

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 7, 2007, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 700,000 as a fine in the same court on July 3, 2009, respectively.

On June 16, 2019, the Defendant had been punished for drinking driving more than twice as above, but around 06:17, the Defendant driven D 125CC under the influence of alcohol content 0.093% from the road in front of the dwelling of the Defendant in Busan Dong-gu, Busan to the road in front of the Busan Dong-dong C building.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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., the fact that the defendant reflects the crime in this case and his blood alcohol concentration);

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;