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 September 10, 2009, the Defendant was issued a summary order of KRW 3 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On September 9, 2019, around 07:20, the Defendant driven Chump motor vehicle with approximately 23 km alcohol concentration of about 0.183% while under the influence of alcohol at the section of about 23 km from his own dwelling in the Busan Sinan-si to Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the crime shall be determined by comprehensively taking account of the following circumstances:

Disadvantageous circumstances: The defendant was driving in the state of full blood alcohol (0.183% of blood alcohol concentration) so as to cause a significant risk to the life and safety of others.

Defendant has been punished twice in the past for the same crime.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

The defendant was not punished for a crime of the same kind, and about 10 years have passed since the last punishment.