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 September 22, 2009, the Defendant received a summary order of KRW 500,000 from the Busan District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court on October 21, 2014, respectively.

On April 21, 2020, at around 02:15, the Defendant driven a DSS3 car while under the influence of alcohol leveling 0.135% from the section of approximately 4 km from Yangsan City, the B market to the front road of Yangsan City.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of two copies of criminal records, etc. inquiry report, investigation report (attached to a summary order), and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving twice; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense;