A defendant shall be punished by imprisonment for one year.

except that 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 November 18, 2019, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act from the Seogu District Court Branch on November 18, 2019.

On May 2, 2020, at around 02:10, the Defendant driven a DTball car in the state of alcohol alcohol concentration of about 0.102% from the 1km section from the front of a cafeteria located in the Seogu Seo-gu Busan Metropolitan City to the front road in the same Gu C in the same Gu.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. The defendant's findings of inquiry, such as his/her legal statement, statement, circumstantial statement, criminal records, etc., investigation status (verification of criminal records of the suspect), application of summary order statutes;

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. Article 62 (1) of the Criminal Act on the suspension of execution (including the confession and reflect of the defendant, and the fact that there is no record of criminal punishment except for the previous conviction in the judgment);