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

On May 26, 2015, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the District Court of Jung-gu.

On September 29, 2019, around 23:19, the Defendant driven a F Poter under the influence of alcohol leveling 0.046% of alcohol level 0.046% from the front of the “C” road in Yangju-si B to the front of the “E” road in Yangju-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, and investigation report;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports, and criminal records, etc.;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was sentenced to punishment for a violation of the Road Traffic Act (driving) around 2015, the sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content in the blood of this case is 0.046%; and (c) the degree of other penal records is 0.046%; and (d) the Defendant’s age, character and conduct, family relationship, motive and means of the crime; and (e) the circumstances after the crime, etc