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 June 10, 2011, the Defendant was issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch.

Nevertheless, at around 00:30 on September 24, 2019, the Defendant driven an E-Poter under the influence of alcohol concentration of approximately 0.116% from the section of approximately 300 meters from the front of the “C” road located in Chungcheongnam-si, Chungcheongnam-si, Seoul, to the front road of the same time as D apartment.

Accordingly, the defendant violated the prohibition of drinking driving more 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. Reports of internal investigation (as to the attachment of photographs), and reports of internal investigation (as to the table of 112 reported cases);

1. Previous records of judgment: Criminal records, inquiry 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;

1. Probation and community service order, an order to attend the course of sentencing under Article 62-2 of the Criminal Act, the defendant's same criminal records, alcohol concentration in the blood of this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the following factors: