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 18, 2018, the Defendant was issued a summary order of KRW 1 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On February 29, 2020, at around 01:45, the Defendant driven a F low-speed car in the state of alcohol alcohol concentration of about 50 meters from the front of the C Park in Young-gu Busan Metropolitan City to the front of the E University located in D, and under the influence of alcohol concentration of about 0.184%.

Accordingly, the defendant, who violated the prohibition of drinking driving at least once, was driving a motor vehicle in a drunken state.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. A report on internal investigation (report on detection of a user);

1. Previous records: Criminal records, etc., inquiry reports, investigation reports (report attached to sound records), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (limited to the previous case and the blood alcohol concentration equivalent to the previous case, but there is no previous criminal record other than the fine once in the past, and taking into account the fact that a student raises a three-year child, the developments of operation, the distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;