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 June 25, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site.

around 15:23 on September 21, 2020, the Defendant driven a 6 km EM6 car from around the cafeteria of the “C” restaurant located in the Geum-gu Busan Metropolitan City to the same Gu’s parking lot under the influence of alcohol level of 0.080%.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol even though he has violated the prohibition of driving under the influence of alcohol once.

Summary of Evidence

1. Inquiry into the defendant's legal statement, the record of the drinking driving control;

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;