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 October 1, 2007, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court's Dong Branch Branch.

On November 21, 2020, the Defendant driven at around 00:13, a volume DM car with approximately 300 meters from the Busan Jin-gu B hotel parking lot to the road in front of the same Gu C, while under the influence of alcohol level of 0.066% among blood transfusions.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol even though he has violated the prohibition of driving at least once.

Summary of Evidence

1. Examination of the defendant's legal records of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);