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 July 15, 2015, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch as a result of the violation of the Road Traffic Act.

On October 1, 2019, at around 00:39, the Defendant driven a DNA window-car under the influence of alcohol concentration of about 0.081% from the 2km section from the Si-si B apartment parking lot to the front road of the same city.

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. Fact-finding statements, investigation reports, and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and the application of Acts and subordinate statutes confirming the history of punishment for a suspect driving;

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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in this case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.