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 March 15, 2016, the Defendant was issued a summary order of KRW 5 million by the Busan District Court due to a crime of violation of the Road Traffic Act.

On November 24, 2019, at around 21:41, the Defendant driven an EM520 vehicle under the influence of alcohol leveling 0.13% of alcohol level from the front of the “C” station located in the Busan Seo-gu, Busan Seo-gu, to the front of the Busan Jin-gu D.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Before ruling: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;