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

[criminal power] On February 1, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on February 1, 2008, and a summary order of KRW 4 million for the same crime at the same court on August 11, 2017.

【Criminal Facts】

On September 21, 2019, the Defendant driven a flus vehicle at approximately 8km section from the front side of the parking lot C located in Chungcheong-gun B to the front side of the E convenience store located in the same group D while under the influence of alcohol leveling to 0.097% of blood alcohol level around 21:45.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on circumstantial statements of a driver of the driving school;

1. A report on investigation;

1. Notification of a result of drinking driving control (electronic document);

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act shall be imposed in consideration of the degree of blood alcohol with the reason of sentencing, recidivism period, criminal records, circumstances after the crime, and other sentencing conditions.