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 January 10, 2008, the Defendant issued a summary order of KRW 1.5 million by a fine at the Busan District Court for a violation of the Road Traffic Act, and the same year.

8. 20. The same court has been issued a summary order of KRW 3 million for the same offense, etc.

On July 18, 2019, around 00:54, the Defendant driven DK 7 cars with approximately KRW 500 meters alcohol concentration 0.095% under the influence of alcohol in the section of approximately 500 meters from the Do near the Suwon-gu Busan, to the front road of the “C cafeteria” in the same Gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the error of the defendant in the reasons for sentencing under Article 62-2 of the Criminal Act is not somewhat weak, the defendant is against the defendant, and since 2009 there is no record of crime, the social relation is clear, and the defendant's age, character and conduct, environment, means and result of crime, and other various conditions of sentencing specified in the trial process of this case, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors.