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 November 18, 2015, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act at the Jung-gu District Court.

On October 10, 2019, at around 05:36, the Defendant driven a EX-sports car under the influence of alcohol concentration of about 0.034% from the 15km section to the front road of Seongdong-gu Seoul, Seongdong-gu.

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 circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A) and 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; his age, motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be