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 7, 2006, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong branch branch.

On December 20, 2019, at around 23:42, the Defendant driven C Podrid passenger cars from approximately 2 km section from the front of the Busan metropolitan bus closure store to the front of the Busan Dongdong-gu B building, in a state of alcohol of 0.106% of alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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;