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 became final and conclusive.

Punishment of the crime

On September 26, 2008, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on September 26, 2008.

On July 23, 2019, at around 21:50 on July 23, 2019, the Defendant was under the influence of alcohol with approximately 300 meters alcohol concentration from the public parking lot in front of the Dong-gu Busan to D in the Busan Dong-gu C, and the Defendant was under the influence of alcohol concentration of about 0.083% from the public parking lot in front of the Busan Dong-gu to D in the Busan Dong-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

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);

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