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 September 4, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violation of the Road Traffic Act at the Busan District Court on September 4, 2007, and on January 11, 201, the same court issued a summary order of KRW 2 million as a fine for a crime of violation of the Road Traffic Act.

On September 24, 2019, at around 21:45, the Defendant driven a FM5 car while under the influence of alcohol leveling 0.037% of alcohol level from the roads of C store located in Busan Northern-gu B to the roads in front of the E zone located in Busan-gu, Busan-do.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

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 to investigation reports (verification of the same type of crime records);

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;