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 4, 2018, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court.

On December 5, 2019, the Defendant, while under the influence of alcohol 0.143% of blood alcohol level around 03:10 on December 5, 2019, driven the B-learning car from the parking lot for the 159-6 Gyeongsan Memorial Park to the vicinity of the same Solar Village.

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. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the circumstantial statement of a drinking driver, investigation reports, and notification of the results of the control of drinking driving;

1. Scenic photographs;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The defendant's reasons for sentencing of Article 62-2 of the Order to Provide community service and attend lectures are that the crime of this case was committed by causing an accident involving signal apparatus while driving a scam, and that the defendant was found to have been punished for the same kind of crime like the previous conviction in the judgment, and that the defendant again committed the crime of this case at the time when 1 year and 5 months elapsed, and that the defendant's blood alcohol concentration at the time of the crime of this case is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case, that the defendant would not repeat the crime of this case while selling the vehicle used for the crime of this case, and that the defendant has no record of punishment exceeding the fine is favorable to the defendant.

The age, character and conduct, motive and background of the crime, and result of the crime.