A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 24, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch.

On September 1, 2020, the Defendant driven a Ftoscar car at approximately 30 meters alcohol concentration at approximately 0.094% while under the influence of alcohol at approximately 0.094%, from the road near C Bank located in Tong-si B to the front parking lot of the E Hospital, E in the same city D.

Accordingly, the Defendant violated the provision prohibiting drinking driving (Article 44(1) of the Road Traffic Act) more than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to a defendant's legal statement and report (in respect of drinking measurement, etc.), a copy of an inquiry letter, such as criminal history, and a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. shall be based on the overall consideration of the circumstances leading to the driving of the instant drinking for the reason of sentencing, including the drinking volume at the time of drinking, the criminal punishment by the Defendant’s previous criminal act, etc., and the sentence as ordered.