A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

On September 4, 2015, the Defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Busan District Court on September 4, 2015, and on July 4, 2017, the Defendant violated the duty of prohibition of drinking driving by issuing a summary order of a fine of four million won as a crime of violation of the Road Traffic Act at the same court.

On December 10, 2019, the Defendant driven an EM5 car at approximately 5km from the parking lot located in Yangsan-si to the front road located in Yangsan-si C in Yangsan-si, in a state of alcohol of 0.130% of blood alcohol concentration on December 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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 or order to attend lectures under Article 62-2 of the Criminal Act;