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 October 8, 2010, the Defendant issued a summary order of KRW 3 million at the Jeonju District Court for the crime of violation of the Road Traffic Act.

Nevertheless, at around 21:24 on December 2, 2019, the Defendant, while under the influence of alcohol of 0.110% of blood alcohol concentration, was driving a motor vehicle by franchising the motor vehicle from approximately 100 meters away from the front side of the C in Seojin-gu Seoul Metropolitan City to the front road in D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the drinking control result, and circumstantial statement of a drinking driver;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (a summary order attached to the same type of defendant's 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. It is ordered as ordered by taking into account the following circumstances: the Defendant’s records of drinking alcohol driving, Defendant’s blood alcohol concentration and drinking distance, Defendant’s situation at the time of the crime of drinking alcohol driving as indicated in the judgment (which was discovered at the time of traffic accident and did not occur at the time of traffic accident), Defendant’s age, character and behavior, environment, and circumstances after the crime (including reflective attitude) and various sentencing conditions specified in the trial process as stated in the judgment for the reason of sentencing under Article 62-2 of the Criminal Act.