A defendant shall be punished by imprisonment for one year.

except that 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 August 21, 2017, the defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act at the Sungnam District Court of Suwon on August 21, 2017.

At around 22:50 on October 31, 2019, the Defendant driven a F rocketing car over approximately 1 km from the front of the “C” road located in Gyeonggi-si, Gyeonggi-si, to the front of the “E” road located in Gwangju-si, Gwangju-si, while under the influence of alcohol content of 0.063% of alcohol content.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes attaching criminal records, reply reports on criminal records, and summary orders for each suspect;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence of a suspended sentence under Article 62(1) of the Criminal Act shall be the same as the sentence, comprehensively taking into account the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, and other conditions of the sentencing as shown in the records, such as the criminal records of the same kind of crime (two times) as the reason for the sentencing under Article 62(1) of the Criminal Act;