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 became final and conclusive.

Punishment of the crime

On July 19, 2012, the Defendant received a summary order of KRW 3 million from the Incheon District Court Branch of the Incheon District Court due to the violation of the Road Traffic Act (driving).

On July 12, 2020, the Defendant again driven EG4 U.S. car in the state of alcohol with approximately 8 km alcohol concentration of 0.105% from the nearest road of the “C” located in Heung-si B to the front road of Busan Metropolitan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes concerning criminal records and summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no record of criminal punishment other than once a fine, confession, and attitude against the person under probation shall be taken into account);