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 became final and conclusive.

Punishment of the crime

On November 30, 2011, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Seoul Northern District Court.

On June 10, 2020, at around 00:08, the Defendant driven the Enbsch Rexroth under the influence of alcohol concentration of approximately 0.057% from the 60-meter section of the Dental clinic located in Yangju-si B to the roads of Dental clinic located in Yangju-si.

Summary of Evidence

1. Report on the criminal defendant's legal statement, the circumstantial statement, the notification of the results of the drinking driving control, and the inquiry into the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal history records, probationary records, investigation reports, and Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the Defendant had been punished for drunk driving in 2011, also committed the instant crime.

However, in full view of the following facts: (a) the Defendant has recognized all of the crimes; (b) the same criminal records have long been used; (c) the blood alcohol concentration (0.057%) of this case; (d) the Defendant’s age and character and conduct; (e) the Defendant’s family relationship; (e) motive and means of the crime; and (e) the circumstances after the crime, etc.