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 April 21, 2014, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch.

On August 19, 2020, at around 00:59, the Defendant driven D 130 automobiles under the influence of alcohol concentration of about 0.126% while under the influence of alcohol at the section of about 50 meters from the roads near B in Gyeonggi City to the front road of C apartment of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the state of his/her oral statement, and electronic documents attached to reports on driving under influence of alcohol;

1. Previous for judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (a summary order appended to a summary order of past records of driving sound);

1. Relevant Acts concerning facts constituting a crime 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. The punishment as ordered shall be determined by taking into account various factors of sentencing, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., taking into account the risks inherent in the judgment of sentencing under Article 62-2(1) of the Criminal Act, blood alcohol concentration, driving distance, and criminal records of the defendant;