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 19, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Busan District Court's branch court.

At around 21:50 on November 23, 2019, the Defendant driven a rash car in a state of 0.041% alcohol concentration at approximately 200 meters from the front of C in Yangsan City B to the front of E in Yangsan City.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning criminal records and summary order when the defendant's legal statement is made, the report of his/her oral statement, and records of drinking driving control;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

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

1. The punishment against the accused shall be determined in consideration of the circumstances leading up to the driving of drinking alcohol for the reasons of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;