A defendant shall be punished by imprisonment for a term of one year and two months.

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

[criminal power] On May 20, 2010, the Defendant received a summary order of KRW 3,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Youngju District Court’s Youngdong Branch on May 20, 201, and on January 4, 2017, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 7, 2020, at around 00:30, the Defendant driven a CDI car with approximately KRW 104-7 in the 1st floor parking lot underground of the public parking lot, while under the influence of alcohol level of approximately 0.084% in blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. On-site report (the confirmation of images of the suspected driver), such as a report on the circumstantial statement of the driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of power);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The defendant's reasons for sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education, even though he had the record of punishment several times due to drinking driving, they again lead to the crime of this case is disadvantageous to the defendant.

On the other hand, the defendant seems to have the attitude to recognize and reflect the crime of this case, and the fact that there is no record of criminal punishment exceeding the fine is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.