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 February 28, 2014, the Defendant was issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site site.

On December 26, 2019, at around 18:15, the Defendant driven a E-high-speed car from the front of the convenience store in Ansan-si B to the front of the same city Diplomatic Road, under the influence of alcohol concentration of about 150 meters, while under the influence of alcohol level of about 0.288%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A written appraisal;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, 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. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively considering the following factors.

The circumstances that are disadvantageous: The fact that the driver re-drivings a motor vehicle even though he had the record of punishment for driving under the influence of alcohol, the blood alcohol concentration was very high at the time of detection, and the risk of actual driving was realized and the traffic accident was made up to the time of the traffic accident: The fact that the person confessions and reflects the crime.