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 November 16, 2010, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court, and on January 27, 2012, the same court issued a summary order of KRW 4 million to a fine for the same crime.

On June 10, 2020, at around 23:35, the Defendant driven a car with approximately 10m eMW 520m from the front day of the Busan B clubs to the front day of the same Gu while under the influence of alcohol 0.11% of blood alcohol level.

As a result, the defendant has been driving a motor vehicle while in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Before the defendant's statutory statement, statement, circumstantial statement, and previous records shown in his judgment following the control of drinking driving: Application of Acts and subordinate statutes to the investigation report (including the previous records, confirmation, and attachment data);

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 sentencing grounds of Article 62-2 of the Criminal Act, including probation, community service order and order to attend a lecture, if the defendant had a record of having been punished for the same kind of crime, again commits the crime of this case, taking into account the blood alcohol concentration of the defendant, the defendant's age, character and conduct, and environment, the punishment as ordered shall be determined.