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 became final and conclusive.

Punishment of the crime

On August 8, 2013, the Defendant was given a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch on August 8, 2013.

On May 21, 2020, at around 23:50, the Defendant driven a car in the Ecocon with approximately 13 km from the front road of Seodaemun-gu Seoul Western-gu Seoul to the front road of the oil station in Goyang-gu Kuyang-gu C, Yangyang-si, with a blood alcohol concentration of about 0.185%.

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

Summary of Evidence

1. Investigation report on the defendant's legal statement (report on the status of the driver);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of suspect-like records);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2019Da1548, Apr. 1, 2011);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;