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 November 30, 2009, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Jeonju District Court’s military mountain support.

At around 03:50 on November 17, 2019, the Defendant driven a DNA car with approximately 500 meters alcohol level 0.201% under the influence of alcohol level from the 500-meter section to the front road of Gwangjin-gu Seoul Special Metropolitan City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the control of drinking driving, and written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act: The driving of drinking alcohol is dangerous criminals who are likely to cause unexpected behaviors to the life and home of others as well as others by raising the possibility of traffic accidents; the Defendant has a record of punishment of a fine due to drinking driving; the Defendant’s blood alcohol concentration level was considerably high; the Defendant’s blood alcohol concentration level was considerably high: The Defendant is remarkably repented, and there is no record of punishment heavier than the suspension of execution;