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 became final and conclusive.

Punishment of the crime

On April 2, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On December 26, 2019, the Defendant driven a Fing-con-car at approximately 200 meters section from the front day of the "C" restaurant located in the Busan East-gu, Busan, to the front day of the E parking lot located in the same Gu, while under the influence of approximately 0.097% of blood alcohol concentration around 22:28.

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

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;