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 August 20, 2012, the Defendant was subject to a fine of five million won at the Cheongju District Court due to a violation of the Road Traffic Act (driving) on August 20, 2012, and a fine of three million won at the Suwon District Court due to a violation of the Road Traffic Act (driving) on May 19, 2016.

On April 12, 2019, at around 23:35, the Defendant driven a DNA car owned by approximately 300 meters from the front side of the insular City B to the front road of the same city in the state of blood alcohol concentration of 0.152%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written appraisal of blood alcohol and a written report on drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019);

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows: (a) although the defendant had been punished twice from 2012 or for drinking driving, he/she may choose and punish imprisonment in consideration of the fact that he/she had a record of drinking again; (b) prior to the instant crime, he/she has no record of punishment exceeding the fine;

The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.