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 2, 2018, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch.

On August 5, 2019, at around 23:10, the Defendant driven a D-car under the influence of alcohol leveling 0.151% of alcohol level from the 3km section of approximately 3km from the front road of Busan City, Seocheon-si, 9-3, Seocheon-si, to the front road of the shooting distance.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Previous records of judgment: A copy of inquiry report on criminal records, investigation report by the public prosecutor, and copies of summary order under each Act and subordinate statutes shall apply;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 as ordered shall be determined by comprehensively taking into account the defendant's age, occupation, character and conduct, environment, criminal records, and circumstances revealed in the proceedings and arguments, such as the motive, means and consequence of the instant crime, the motive, and the consequence of the instant crime, as well as the circumstances shown in the oral proceedings, for the reason of sentencing under Article 62-2 of the Criminal Act;