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 July 20, 2016, the Defendant received a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on July 20, 2016

On December 4, 2019, at around 23:13, the Defendant driven a F K3 car in a state of 0.177% blood alcohol concentration in the section of approximately 300 meters from the vicinity of Kimpo-si B to the front of E in Kimpo-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a motor vehicle under consideration, and investigation report;

1. A report on internal investigation:

1. Notification of the control of drinking driving;

1. Control photographs;

1. 112 reported case handling table;

1. Previous records: Application of Acts and subordinate statutes, such as inquiry reports on criminal records, investigation reports (Attachment of records of the same kind of punishment as a suspect), summary orders, etc.;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the defendant's attitude of acknowledging his/her mistake and reflecting his/her wrongness.

The defendant has no criminal records of suspended execution or more.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, degree of drinking, circumstances before and after the crime, etc. shall be determined by taking comprehensive account of various circumstances shown in the arguments in this case.