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 May 24, 2018, the Defendant was issued a summary order of KRW 1 million by the Busan District Court as a crime of violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving as above, around 05:10 on October 4, 2020, the Defendant driven DGTS125 Oba while under the influence of alcohol level of 0.047% at the 300 meters near the road located in Busan Jin-gu, Busan at around October 4, 202.

Summary of Evidence

1. The accused's legal statement, his statement, his driving control results, and his judgment: The application of Acts and subordinate statutes of the summary order shall be made after inquiry on criminal 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;