A defendant shall be punished by imprisonment for one year.

except that 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 September 14, 2009, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

On July 22, 2020, at around 23:55, the Defendant driven a Da QM3 car while under the influence of alcohol concentration of about 0.192% from the 5km section from the Busan apartment parking lot to the Busan metropolitan Daegu metropolitan city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished as a drunk driving, he/she was driving under the influence of drinking, and the degree of his/her driving under the influence of drinking.

Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.