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

[criminal power] On February 5, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on February 5, 2015, and a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) at the same court on May 7, 2016, respectively.

【Criminal Facts】

On May 7, 2019, at around 00:35, the Defendant driven a B-to-purd motor vehicle in the state of alcohol alcohol concentration of approximately 0.189% from the 1km section from the front of the luminous beach located in the Nam-gu, Busan, to the front of the Yellow-gu, Southern-do, the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the court shall determine the sentence as ordered by taking account of the following: (a) the Defendant’s blood alcohol concentration at the time of drinking alcohol driving in this case; (b) the background leading up to driving; and (c) the Defendant’s previous punishment records; and (d) the various