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 July 3, 2012, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On November 3, 2019, the Defendant driven DK 3 automobiles while under the influence of alcohol with 0.197% of alcohol concentration around C in front of the road located in Busan B, Busan, on November 3, 2019, despite the power of being punished for drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Statement on the result of the drinking driving control;

1. Report prior to judgment: Application of criminal history records, inquiry reports, 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;