A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On June 30, 2011, the Defendant issued a summary order of KRW 3.5 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on June 30, 201, and KRW 4.5 million as a fine for a violation of the Road Traffic Act (driving) at the same court on March 9, 2017.

On July 3, 2020, at around 19:45, the Defendant driven a DNA drop vehicle while under the influence of alcohol concentration of about 0.129% at the section of about 15 km to the front road of the city of Jin-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. The actual condition survey report and photographs;

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

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

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

1. Article 62 (1) of the Criminal Act (Consideration of confession, scrapping, electricity for punishment, etc.);

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;