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

The defendant was sentenced to a fine of one million won on March 5, 2008 by Busan District Court for a violation of the Road Traffic Act.

On November 27, 2019, at around 05:20, the Defendant driven C rocketing-si under the influence of alcohol with approximately 0.141% of blood alcohol concentration at the section of about 11.5km in front of the road located in Yangsan-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the accused acknowledges his mistake and reflects his mistake, the fact that there is no record of punishment exceeding the fine, and the fact that the previous conviction is punished before drinking: The fact that the driver drivens on an expressway under the influence of drinking: The fact that the driver drivens on the expressway, and the shock absorption zone installed under subparagraph (b) and (b) of the order to attend the expressway, causing physical damage