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 February 16, 2016, the Defendant was issued a summary order of KRW 5 million with the Busan District Court’s branch branch on February 16, 2016 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 24, 2019, the Defendant was punished for drunk driving, but around 00:04 on August 24, 2019, the Defendant driven B 124.9CC under the influence of alcohol with approximately 0.13% of alcohol level 0.13% in a section of about 1km from the roads adjacent to the swimming-dong located in the Suwon-gu Busan Metropolitan City, to the roads adjacent to the Busan regional military manpower office located in the Suwon-gu, 301.

Summary of Evidence

1. Defendant's legal statement;

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

1. Hearing on telephone statements;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;

1. Records before judgment: Criminal records, etc., inquiry reports, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes governing a summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the defendant had a record of criminal punishment for drunk driving, commits the crime again, while there is a high degree of alcohol level at the time of committing the crime, however, the defendant confessions the crime and repents his mistake, his records related to drunk driving including this case are not less than twice, and the sentence as ordered in consideration of the defendant's age, occupation, etc.