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 4, 2015, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act.

On August 18, 2019, at around 09:13, the Defendant driven Ccopiar-V vehicles with a blood alcohol content of about 0.139% under the influence of alcohol from approximately 2.4km to the front road of about 6, Suwon-si, Suwon-si, Seoul Special Metropolitan City, from the Do around the "B market" of Suwon-si, Suwon-si, to the 6th-ro, Suwon-si, Suwon-si, Seoul Special Metropolitan City (U.S., 200).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in the history of punishment for a drunk driving in 2015. From June 25, 2019, the penal provision for a drunk driving was strengthened, and the Defendant also was able to easily have access to such circumstances through the media, and there is a need to impose severe punishment in that he/she was a drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.