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 November 11, 2009, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and on August 16, 2013, the Busan District Court received a summary order of KRW 4.5 million for the same crime.

Although the Defendant had been punished twice or more as above, on November 28, 2018, at around 03:03:03, the Defendant driven a DNA car with approximately 2 km alcohol concentration of about 0.190% from the section from the front side of the Busan Jin-gu, Busan to the front side of the same Gu C, with the influence of alcohol level of about 0.190%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act is that the defendant has been punished twice due to drinking driving, and driving under the influence of drinking while driving on the road.

In light of this, the sentence shall be decided as ordered by taking into account the following factors: (a) the person who has been sentenced to a fine only before the sentence; and (b) the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.