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 February 15, 2011, the Defendant was issued a summary order of KRW 2 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On August 9, 2019, the Defendant, who was punished for drunk driving, driven a e-mail car under the influence of alcohol with approximately 2 km alcohol level of about 0.14% from the 2km parking lot of Geumcheon-gu, Busan to the front road in the vicinity of the Geum-gu, Busan to the D. In addition, the Defendant driven a e-mail car under the influence of alcohol level of about 0.114%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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. 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;