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.

Criminal facts

Some of the facts charged were corrected.

On September 11, 2007, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act, on April 14, 2014 by the above court as the same crime, and on May 20, 2015 from the Suwon District Court as the same crime.

Nevertheless, the Defendant, while under the influence of alcohol 0.131% on September 11, 2019, at around 07:58, committed a violation of the Regulations on the Prohibition of Drinking Driving by driving DNA-free cars at approximately 331 km away from the area of Daejeon Daejeon to the mid-gu Highway (On the 35 km-dong Seoul National Expressways) located in the front of the restaurant in Gangdong-gu Seoul Metropolitan City, Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act on the part of the Defendant was to drive a car on an expressway in such a state as not less than 007 years, not less than 2014 years, and not less than 0.131% of the blood alcohol concentration of the vehicle, despite the fact that the Defendant was subject to each fine in around 2014, and around 2015.

It shall be taken into account the fact that there is no other criminal records, except before a fine has been imposed once due to the above previous conviction and traffic accidents, and other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined in consideration of the circumstances after the crime.