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

[Criminal Records] On June 17, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On September 15, 2019, the Defendant, while under the influence of alcohol of 0.094%, was driving a FMW328i vehicle from the road near C Office located in Seopo-si B at Seopopo-si, Seopo-si to the road front of Seopo-si, Seopo-si, and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Report on the situation of driving under the direction of the police, report on the situation of the driver under the direction of the police, and report on the investigation (report on the circumstances of the driver under the direction of the police); and

1. A statement of blood alcohol appraisal prepared by the appraiser G of the National Research and Investigative Institute;

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report (verification of the same criminal records as the suspect) into the preparation of the prosecutor;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【The scope of applicable sentences under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【Pronouncement of Sentence 1’s imprisonment with prison labor for one year and two years and six months (in the case of discretionary mitigation): The first head of the first head of the judgment of the Defendant, which is favorable to the fact that the Defendant had a record of punishment for drunk driving: The Defendant’s mistake is recognized and divided. The numerical value of blood alcohol concentration measured by the Defendant at the time of the instant crime is 0.094%.