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 of the final judgment.

Punishment of the crime

On December 29, 2006, the Defendant issued, at the Busan District Court, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, and at the same court on September 30, 2010, a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving), and on February 10, 2012, a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) was issued to the Changwon District Court on February 10, 2012.

On March 21, 2019, the Defendant, who had been punished for drinking driving two or more times, driven a motor vehicle with DNA alcohol level from around about 3km to about 0.127% under the influence of alcohol level from around the first subway station located in the Seocho-gu Busan Metropolitan City to the front road located in Busan Metropolitan City, from around 20:00 on March 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of summary orders of the same kind of power Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose a punishment (in addition, considering the fact that the defendant has been punished for driving under drinking on several occasions as before the judgment of the court, even though he/she had the record of punishment for driving under drinking, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant does not repeat the crime in the light of his/her gender);

1. Social service order under Article 62-2 of the Criminal Act;