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 September 27, 2006, the defendant was issued a summary order of KRW 1 million by the Busan District Court for the crime of violation of the Road Traffic Act.

On August 5, 2019, at around 19:30, the Defendant driven a B-purd vehicle with a blood alcohol concentration of approximately 0.176% at a section of approximately 200 meters from the road near the Simsan-dong 79, Yangsan-si, to the front road of the entrance of the Simbridge located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Report prior to judgment: Application of criminal history records, inquiry reports, and summary order statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

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