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 June 22, 2009, the Defendant, at the Seoul Central District Court, issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act. However, around 09:50 on February 9, 2020, the Defendant driven an Erati vehicle under the influence of alcohol of KRW 0.066% with blood alcohol concentration from the 14km section to the roads of the same Dozudio, Jincheon-gun, Jincheon-gun, Chungcheongnam-gun on February 9, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident and an accident site photograph;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes, such as criminal records, reply reports, and summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 and (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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act was subject to the third criminal punishment due to drunk driving. The punishment shall be determined by taking into consideration the degree of blood alcohol alcohol, the hours during and after drinking alcohol, and the hours and circumstances during which he/she drives, the place of driving, driving distance, the degree of accident, the controlled circumstances, and the period of recidivism, etc., and the punishment corresponding to the criminal liability as stated in the crime. However, the punishment shall be determined in light of the following: (a) the defendant has a certain occupation and has no ability to take charge of child support; (b) there is a minor child who has a certain ability to take charge