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 December 10, 2007, the defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court.

On October 22, 2019, the Defendant had been punished for drunk driving, but was under the influence of 0.125% of alcohol level around 18:24 on October 22, 2019, the Defendant driven D SM5 vehicles at the section of approximately 200 meters from the front to the front of the road located in Fri-gu B of Busan Fri-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Reports on internal investigation (with regard to the receipt of the case and circumstances of occurrence);

1. Previous convictions indicated in judgment: Application of criminal records and summary order 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. 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;