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 July 10, 2006, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on February 25, 2013 to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, respectively.

On January 24, 2020, at around 00:50 on January 24, 2020, the Defendant driven a car with a fluent alcohol level of 0.135% under the influence of alcohol in the 1km section from the front of C in the C-si B to the front of E-si in the C-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as ordered by taking into consideration all the circumstances, including the background leading to the crime of this case, blood alcohol density, drinking driving, traffic accident due to drinking, the defendant has no criminal record of suspended execution or more, the defendant has committed a crime against him/her and disposed of vehicles, etc.