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 December 29, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violating the Road Traffic Act.

On February 20, 2020, around 01:12, the Defendant driven DK7 car in the state of alcohol with approximately 14km alcohol concentration of about 0.218% from the 14km section to the front road of the restaurant of “C” located in the Dong-gu, Gangseo-gu, Busan.

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

Summary of Evidence

1. A response to the defendant's legal statement, a written request for appraisal, and a written appraisal of alcohol during blood;

1. Investigation report on the results of crackdown on drinking-driving and the circumstantial statement of a drinking-driving driver (report on the circumstances of the drinking-driving driver);

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), and 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;

1. The defendant committed the crime of this case in which he was under the influence of 0.218% of blood alcohol concentration even though he had a previous conviction on the grounds of sentencing under Article 62-2 of the Criminal Act. Meanwhile, the defendant recognized the crime of this case, except for the previous conviction in the judgment, there is no record of punishment, and there is a considerable interval between the previous conviction and the case in time between the previous conviction in the judgment, and other conditions of sentencing such as the motive and circumstance of the crime, method and consequence of the crime, circumstances after the crime, age of the defendant, environment, and criminal record relation.