A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] The Defendant appears to be a clerical error on June 21, 2007, written indictment on February 1, 2008, and thus, it shall be corrected ex officio.

In the Changwon District Court, he/she was sentenced to a suspended sentence of six months for a crime such as a violation of the Road Traffic Act, etc., and on April 6, 2012, he/she was sentenced to a suspended sentence of four months by the same court for a crime such as a violation of the Road Traffic Act.

[2] On August 24, 2017, around 22:25, the Defendant driven a Crocketing-free car under the influence of alcohol level of about 0.276% in a section of approximately 500 meters from the Do in front of a mutual influent restaurant located in the Gangseo-gu Busan Metropolitan City, Busan, to the road front of the bank oil station in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report accompanied by a copy of the judgment);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the Defendant’s criminal history and the numerical value of alcohol level during the sentencing of Article 62-2 of the Criminal Act, the punishment shall be determined by taking into account the following factors: (a) the need to strictly punish the Defendant is recognized, but reflects the need; and (b) there is no history of punishment exceeding the fine after 2013.