A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 15, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on January 18, 201, respectively. On October 24, 2014, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court.

On August 19, 2017, at around 06:26, the Defendant driven a car free of alcohol with approximately 700 meters alcohol concentration of 0.098% from the Defendant’s house located in the Busan East-gu, Busan-do to the front day of the improvement of the Geum-dong, Geum-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Although there was a history of 4 times criminal punishment due to the driving of drinking alcohol on the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the fact that drinking value is less than 0.1%, the fact that drinking value is less than 0.1%, the Defendant’s age, sex behavior, environment, circumstances leading to the crime, etc.; and (b) the punishment shall be determined as ordered by the order.