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 14, 2015, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on April 14, 2015.

On December 2, 2019, at around 00:34, the Defendant driven a DNA car with a blood alcohol concentration of approximately 0.173% from the 2km section of approximately 2km to the entrance road along the middle East-dong, Southern-gu, Seoul Metropolitan City, to the entrance road.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of standing and statement, and an appraisal report;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to a prosecutor's investigation report (Attachment to judgment);

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. The sentence of imprisonment with prison labor shall be selected taking into account the fact that the sentence of Article 62-2 of the Criminal Act on the grounds of sentencing is repeated even though the person has a record of punishment for drinking alcohol and that the degree of alcohol concentration is high;

However, the execution of punishment is suspended in consideration of the fact that the person has no record of punishment of imprisonment without prison labor or more, or that the person has not committed a second offense, and the order to attend the law is imposed to prevent recidivism, etc. It is so decided as per Disposition.