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 November 16, 2015, the Defendant was issued a summary order of KRW 1 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On March 16, 2020, at around 20:20, the Defendant driven a Fysta car in the state of alcohol alcohol concentration of approximately 0.171% from the 15km section of approximately 15km to the road in front of the E Hospital located in Chungcheongnam-si, Yangyang-si, Chungcheongnam-si.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the report on the circumstantial statement of the driver, the records of criminal records and investigation reports (the confirmation report of the same kind of records) as a result of regulating drinking driving

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment of the accused shall be determined in consideration of the overall sentencing conditions against the accused, such as the background leading to drinking alcohol for the reason of sentencing, degree of blood alcohol, driving distance, criminal punishment records, and circumstances after the crime, etc. under Article 62-2 of the Criminal Act;