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 May 23, 2012, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million, and on April 21, 2016, a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million.

On November 28, 2019, at around 22:50, the Defendant driven a DSS3 car while under the influence of alcohol level of about 0.112% from the 3km section from the Busan East-gu B market to the front road of Busan-gu C.

Accordingly, the Defendant driven a car in the state of drunk not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

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;