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 July 17, 2019, the Defendant received a summary order of KRW 1,500,000 from the Busan District Court as a crime of violation of the Road Traffic Act.

On January 23, 2020, at around 00:02, the Defendant driven a Done Star vehicle under the influence of alcohol concentration of 0.106% from the front of the Busan Dong-gu B market to the front of the Busan Dong-gu C building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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;