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 March 20, 2007, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch Branch.

On December 20, 2019, at around 06:38, the Defendant driven D QM6 car while under the influence of alcohol content of about 0.048% from around 35km to the front road of Gangnam-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notice of the results of drinking driving control, and a record of drinking measurement;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of the relevant summary order-related Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant re-driving a motor vehicle without being aware of the fact that he/she had been punished for drunk driving, and that he/she was engaged in driving a motor vehicle again, taking into account all other circumstances, such as blood alcohol concentration and driving distance.