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 January 29, 2014, the Defendant was issued a summary order of KRW 3.5 million for the crime of violating the Road Traffic Act in the Busan District Court's branch court.

around 21:47 October 2020, the Defendant driven a fa-purd vehicle with a distance of about 5 km from the front of the “C” restaurant located in Northern-gu, Busan to the front of the “Eju shop” located in the Gu of Busan to the road in the Gu of Busan, while under the influence of alcohol concentration of 0.047%.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Criminal records before the defendant's legal statement, statement, control of drinking driving, and inquiry results: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (criminal records of the same kind);

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;