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, 2010, the Defendant was sentenced to a summary order of KRW 5 million for the violation of the Road Traffic Act (driving) as well as a fine of KRW 10 million for the same offense in the branch court of Suwon District Court on April 6, 2015, two years of suspended execution in October, and on July 20, 2016, in the branch court of Suwon District Court, the Defendant was sentenced to a fine of KRW 10 million for the same offense, etc.

On April 12, 2020, at around 05:40, the Defendant driven a motor vehicle with two highest alcohol level of 0.086% under the influence of alcohol level from approximately 500 meters to the front road of the New Salary Park, which is located at approximately 4-8 o-ro 8, Sinan-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a traffic accident report, 1, 2, 3, 3, 3, 4, 5, and 5;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The same criminal records as the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture shall be considered in consideration of the unfavorable circumstances, but the fact that the time is human and reflect, and the fact that the driving of drinking is not possible again, etc. shall be considered in favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.