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 February 18, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine in the same court on September 24, 2013.

On October 11, 2019, at around 11:39, the Defendant driven a FIsta car under the influence of alcohol alcohol concentration of 0.057% from the front side of the “C” to the front side of the “E” located in D, at approximately 7.1km.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Notification of the results of crackdown on drinking driving and a report on actual condition survey;

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

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 execution of imprisonment shall be suspended by taking account of the fact that the defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act, even though he/she has been punished again for the crime related to road traffic, the defendant repents his/her mistake, and there is no criminal history exceeding the fine, etc., and an incidental disposition shall be imposed to prevent recidivism.