Text
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.
Reasons
Punishment of the crime
On November 16, 2006, the defendant was issued a summary order of a fine of KRW 1.5 million at Busan District Court due to the crime of violation of the Road Traffic Act.
On December 12, 2019, around 20:40, the Defendant driven the Defendant’s E-learning car in the state of alcohol 0.223% alcohol concentration from approximately 500 meters to the front of the “Diplomatic Association” located in the same Gu in the Geum-gu, Busan.
Summary of Evidence
1. Defendant's legal statement;
1. Requests for appraisal;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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. 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;