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 July 4, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Busan District Court.

On June 7, 2020, at around 05:50, the Defendant driven an EM7 car in the state of alcohol with approximately 2 km alcohol concentration of about 0.116% from the 2km section to the neighboring road of the Geum-gu Busan City B market.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Inquiry into the defendant's legal statement, the record of the drinking driving control;

1. Images after a CCTV closure;

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;