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

[Criminal Power] On January 26, 2015, the Defendant was issued a summary order of a fine of one million won at the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

On June 25, 2019, around 05:35, the Defendant, who was punished for drunk driving, driven a DNA car, which is owned by the Defendant, in a state of alcohol of approximately 0.086% of blood alcohol concentration from the section of approximately 1km to the road in front of the Busan Geum-gu, Geum-gu, Busan, to the road in front of the Busan.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Investigation report as a result of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, and the investigation report (the circumstantial report of a drinking driver);

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the accused’s confession of the crime and his mistake is divided, the blood alcohol concentration level at the time of the crime is not high, and the accused’s age, economic situation, and criminal records (not including punishment imposed twice due to sound driving) are considered and sentenced to sentencing as ordered.