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 December 15, 2008, the defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

On September 13, 2019, around 00:47, the Defendant driven a FG80 car while under the influence of alcohol content of about 0.109% at a distance of about 100 meters from the uppermost of the C in Yangsan City to the front of the E on the road located in Yangsan City D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, statement on the results of crackdown on drinking driving (applicable to the collection of blood), and statement on the request for appraisal;

1. Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of Acts and subordinate statutes of one summary order;

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 order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: (a) Defendant confessions himself/herself and repents the instant crime; (b) Defendant has the record of drinking driving twice but there is no criminal record of punishment exceeding the fine; and (c) Defendant’s overall records such as blood alcohol concentration and alcohol level at the time of committing the instant crime, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the instant crime, etc. are comprehensively taken into account; and (d) the punishment as ordered