The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On May 21, 2014, the Defendant was sentenced to a summary order of KRW 5 million as a crime of violating the Road Traffic Act in the Young-gu District Court’s Young-gu District Court’s Young-gu Branch branch on May 21, 201, and was sentenced to a suspended sentence of two years on October 12, 2017 for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

At around 02:20 on October 21, 2019, the Defendant driven a e-learning car in the state of alcohol with approximately 150 meters alcohol concentration of 0.139% from the 150-meter section to the front road located in south-gu C at the port, where the trade name of the south-gu B market near the port is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment with prison labor, the degree of blood alcohol concentration, and the degree of fines for driving prior to the instant case, three times as fines for driving under the influence of alcohol, and one time a suspended sentence has been imposed);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

1. Probation and community service order under Article 62-2 of the Criminal Act;