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.

Punishment of the crime

On April 21, 2016, the Defendant was sentenced to a fine of KRW 1,50,00 as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

On December 21, 2019, at around 21:17, the Defendant driven a F NAS car at a level of about 500 meters from the front of the C cafeteria located in Scheon-si B to the road in front of the EcarP in D, while under the influence of alcohol concentration of about 0.031%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, and investigation report (report on the state of drinking driving);

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 crime of violation of the Road Traffic Act around 2001, around 2002, and around 2016, the Defendant was sentenced to punishment, the distance between the previous penal records and the instant case, and the blood alcohol content of the instant case is merely 0.031%, taking into account, in particular, the Defendant’s age and character, family relation, motive and means of the instant crime, and circumstances after the crime, etc., the sentence shall be determined as ordered by taking into account the overall consideration of various sentencing conditions shown in the instant records and arguments, such as the following circumstances.