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 September 28, 2006, the Defendant is a person who violated the obligation under the Road Traffic Act to not drive a vehicle under the influence of alcohol by receiving a summary order of a fine of KRW 2 million from the same court on January 20, 2014 as a crime of violation of the Road Traffic Act in the Busan District Court's Dong Branch Branch of the Busan District Court on September 28, 2006.

On April 14, 2019, at around 02:45, the Defendant driven a F Mt Motor Vehicle in the state of alcohol alcohol concentration of about 0.120% at the section of about 100 meters from the C Station located in Yangsi B to the front road of the “Emt” in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the circumstantial statement of the surrounding driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;

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

1. Probation and community service order under Article 62-2 of the Criminal Act (it is deemed necessary to take measures to prevent recidivism, in the same case and three times);