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 May 28, 2012, the defendant was issued a summary order of KRW 4 million for the violation of the Road Traffic Act at the Busan District Court's Busan District Court's branch court's jurisdiction on May 28, 2012.

On December 27, 2019, at around 22:20, the Defendant driven a F 5 vehicle while under the influence of alcohol with about 100 meters alcohol concentration of about 0.104% from the section of approximately 100 meters from the front of the C cafeteria located in Kimhae-si B to the front of the E cafeteria located in Kimhae-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, photograph, report on the circumstantial statement of a drinking driver, report on the actual condition of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);