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 of the final judgment.

Punishment of the crime

On December 26, 2016, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on April 12, 2018, a summary order of KRW 3 million was issued by the same court as on April 12, 2018.

On July 12, 2019, the Defendant had been punished for drunk driving as above, but around 13:55 on July 12, 2019, the Defendant driven CK5 vehicle under the influence of alcohol with approximately 2 km alcohol concentration of about 0.180% from the section of approximately 2km from the road near Busan So-gu B to the river outside of the Busan Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201; Supreme Court Decision 201Do148, Apr

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

1. Social service order under Article 62-2 of the Criminal Act;