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 19, 2016, the Defendant issued a summary order of KRW 2 million in fines for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Dong Branch, and the summary order of KRW 2 million in fines for the same crime at the same court on April 30, 2018.

On December 22, 2019, the Defendant was under the influence of alcohol of 0.085% with blood alcohol level around 11:10 on December 22, 2019, and C ASEAN A4 car from the roads on which Busan Jinpo-dong was not located to the front road of the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

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;