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

[Criminal Power] The Defendant was issued a summary order of KRW 1 million at the Suwon District Court on September 11, 2013 by committing a violation of the Road Traffic Act.

【Criminal Facts】

On August 12, 2019, the Defendant, who was punished for drunk driving, driven a D car under the influence of alcohol with approximately 0.05% alcohol level from around 300 meters away from a road near the place where it is impossible to find out the place below the Cheongju-dong of the Geum-gu, Busan to the front day of the C cafeteria located in the Geum-gu, Busan to the public.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the confession of the accused and the repent of his mistake; the blood alcohol concentration at the time of the crime; the fact that there is no record of criminal punishment except for the punishment imposed twice by the fine; and the sentencing as ordered in consideration of the background of the crime, the age, occupation, etc. of the accused.