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 September 7, 2012, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Cheongju District Court's support on September 7, 2012, and a summary order of KRW 1,50,000 as a fine for the same crime from the Youngcheon District Court's Monthly Support on October 14, 2016.

On October 10, 2019, the Defendant driven a Epoter II vehicle with approximately 4.5km alcohol concentration of about 0.095% under the influence of alcohol on the section of approximately 4.5km from the front of the road in Seocheon City B to the front of the D apartment.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Application of two copies of criminal records, investigation reports (two times before the same type of crime), and summary order under 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. 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 sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: The defendant has been punished by a fine twice for a violation of the Road Traffic Act around 2012 and around 2016.

The favorable circumstances: The mistake is recognized and reflected.

There shall be no criminal records exceeding fines.