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 19, 2008, the defendant was issued a summary order of two million won for the crime of violating the Road Traffic Act at the Cheongju District Court on November 19, 2008, and on November 26, 2008, the defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution.

On June 7, 2019, the Defendant driven a DF car from around 10km to around 0.362% of alcohol level while under the influence of alcohol around 17:09.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (report on the confirmation of the same type of power);

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. In full view of all the circumstances, including favorable circumstances, such as the fact that the crime of sentencing under Article 62-2 of the Social Service Order Act is recognized and wrong, traffic accidents, etc., and the occurrence of heavy results, and the fact that drinking driving is not repeated in a short period, and the previous records of judgment, and the record of drinking driving is more frequent times, and disadvantageous circumstances, such as the fact that blood alcohol concentration is very high, and other unfavorable conditions of sentencing specified in the records and arguments of this case, including the Defendant’s age, character and behavior, motive of the crime, and the circumstances before and after the crime