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 August 3, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court on August 3, 2006, and on December 5, 2012, the same court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving).

On April 2, 2019, the Defendant, who had been punished for drinking driving more than twice as above, driven C Twit-in car at a level of about 50 meters from the front day of the packing end in Busan Dong-dong to the front day of the B building in Busan Dong-dong, to a level of about 0.155% alcohol level, while under the influence of alcohol, around 06:08.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are as follows: (a) considering the fact that the defendant has been punished twice as a drinking alcohol exclusively; (b) the blood alcohol concentration was significantly high; and (c) the previous and two times, the fact that the defendant has been punished by a fine; and (d) taking into account the defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) taking into account all the circumstances that form conditions for sentencing