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 August 25, 2008, the Defendant received a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act from the Jung-gu District Court.

On July 30, 2019, the Defendant driven a erosch Rexroth under the influence of alcohol of approximately 0.083% of blood alcohol concentration from the section of approximately 100 meters, from the section of 100 meters to the front of D located in C, both cities, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry into the results of the crackdown on drinking driving, and report on the situation of a drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (Attachment of a copy of the summary order), and copies of the 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. 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. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2008, the sentence sentence is determined by taking into account the distance with the previous penal records, particularly the fact that the blood alcohol concentration in the instant case is 0.083%, taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions as shown in the instant records and arguments.