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 August 16, 2016, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court due to a violation of the Road Traffic Act.

At around 22:50 on September 30, 2019, the Defendant driven a F Coco-sports car in the state of alcohol with approximately 50 meters alcohol concentration of 0.043% in the 50-meter section from the front of C in Yangsan City B to the front of the Ecafeteria in D.

Accordingly, the defendant violated the Road Traffic Act prohibiting driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of one copy of the criminal record, reference report, investigation report, and summary order;

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by comprehensively taking account of all the circumstances revealed in the records, such as the accused's blood alcohol concentration and values, drinking alcohol density and age, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.