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 January 7, 2014, the Defendant received a summary order of KRW 1,500,00 from the Busan District Court as a fine for a violation of the Road Traffic Act.

On July 10, 2020, around 22:06, the Defendant driven a car in D with approximately 200 meters away from the front of the Yangsan City to the front of the same city C, while under the influence of alcohol concentration of about 0.072%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and verifications);

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

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

1. The fact that there exists a record of being sentenced to a fine on one occasion every 2014 due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that there is no criminal record other than the above fine, the circumstances of drinking alcohol and driving under influence, the occupation, age, environment, etc. of the defendant