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 November 11, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

At around 01:08 on December 28, 2019, the Defendant driven a DNA low-est 30m-meter vehicle while under the influence of alcohol concentration of 0.127% at the B apartment C-dong underground parking lot in Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2010, the sentence sentence was imposed on the Defendant, the interval with the previous penal records, while the blood alcohol content of the instant case reaches 0.127%, it was merely driving a vehicle for parking. In particular, considering the fact that the Defendant’s age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc., the sentence is determined as ordered by the order, comprehensively taking into account the various sentencing conditions indicated in the instant records and arguments, such as the following: