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 of the final judgment.

Punishment of the crime

On May 29, 2009, the Defendant issued, at the Jeju District Court, a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, at the same court on June 26, 2009, a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) and on August 12, 2009, a summary order of KRW 2 million was issued by the same court on August 12, 2009, respectively.

On June 16, 2019, the Defendant had been punished for drinking driving twice or more as above, but around 22:40 on June 16, 2019, the Defendant driven approximately KRW 1k from the road in front of the Busan Jung-gu B market to the front road located in the Busan Jung-gu C with a blood alcohol concentration of about 0.097%, which was under the influence of the mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control, and stobane photographs; and

1. Notification of the detection of a non-registered driver;

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

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; and each choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act in cases where the defendant reflects the crime of this case and does not repeat

1. Social service order under Article 62-2 of the Criminal Act;