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

On June 8, 2007, the defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

On August 22, 2019, at around 22:10, the Defendant driven a F-fluculing car in the state of alcohol 0.031% alcohol concentration at approximately 200 meters from the front of C in Yangsan City B to the front of E in the same city D.

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. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of double-entry Acts and subordinate statutes, such as criminal history records, investigation reports (verification of criminal records of the same kind), and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: (a) Defendant confessions himself/herself and repents the instant crime; (b) Defendant has the record of drinking driving twice but there is no criminal record of punishment exceeding the fine; and (c) Defendant’s overall records such as blood alcohol concentration and alcohol level at the time of committing the instant crime, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the instant crime, etc. are comprehensively taken into account; and (d) the punishment as ordered