The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 8, 2017, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, from the Incheon District Court’s Busan District Court’s Branch Branch.

At around 01:50 on August 25, 2019, the Defendant driven a DNA car with a blood alcohol content of about 0.123% while under the influence of alcohol from approximately 800 meters to the front road of the same city from Seocheon-si, Busan.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Report on the placement of a ship;

1. Investigation report (Confirmation of the same kind of power);

1. A written request for appraisal;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The sentencing of Article 62-2 of the Criminal Act, including the value of blood alcohol concentration for the reason of sentencing, the frequency of punishment for the same kind of crime, the time interval with the crime of this case, the confession of the crime, the misunderstanding appearance, and the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior