A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 28, 2008, the defendant was issued a summary order of KRW 2 million by the Busan District Court for the crime of violation of the Road Traffic Act. On November 18, 2015, the defendant was issued a summary order of KRW 700,000 by the Busan District Court for the crime of violation of the Road Traffic Act.

On December 05, 2019, at around 07:30, the Defendant driven a e-learning car under the influence of alcohol 0.057% from the 4km section to the 0.057% alcohol level from the 07:30 on the front road of the Jinhae-si, Changwon-si through the “D cafeteria” located in the Jinhae-gu, Changwon-si, Changwon-si, Gowon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

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 ( considered as follows):

1. The reason for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] of the Act on the Order of Education and the Order of Community Service [the fact that there is a past record of punishment twice due to drinking driving [the poor circumstances] and the fact that there is no previous record of a suspended sentence or more