A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 2, 2007, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act (driving) at the Busan District Court on December 14, 2009, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 14, 2016, a fine of KRW 7 million as a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 14, 2016, and a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) at the Daejeon District Court on October 17, 2017.

On November 28, 2019, at around 00:26, the Defendant driven a B-lane in the state of alcohol alcohol concentration of approximately 0.131% from a section of about 30km to a point where it is located in the parallel line 237 km on the coastwest Highway, Seosan-si, Hongsung-gun, Chungcheongnam-si.

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. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A) and 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. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a meeting, commits again the crime of this case even though the defendant had a previous record of several times, the same criminal record has been recently committed, the defendant's blood alcohol concentration was considerably high, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered in consideration