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 March 26, 2007, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act, and on January 13, 201, the same court received a summary order of KRW 2 million as a fine for the same crime.

At around 23:00 on June 20, 2020, the Defendant: (a) driven a Egrod motor vehicle with blood alcohol concentration of about 100 meters from the front side of the “C” in Yangsan City B to the front side of the D in Yangsan City, thereby violating the provision on the prohibition of drinking driving at least twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the report on the circumstantial statement of the driver, the records of criminal records and investigation reports (the confirmation report of the same kind of records) as a result of regulating drinking driving

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

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

1. The punishment against the defendant shall be determined in consideration of all the conditions of sentencing against the defendant, including the circumstances leading to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;