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.

Criminal facts

Some of the facts charged were corrected.

On October 5, 2009, the Defendant had a record of being sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on October 24, 2013, the above court received a summary order of KRW 2 million as a fine for the same crime.

Nevertheless, at around 03:31 on December 15, 2019, the Defendant was under the influence of alcohol with 0.097% of blood alcohol concentration, and the Defendant violated C-T-T-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, circumstantial statement, report on the situation of the driver, criminal records of the drinking driving control, and criminal records inquiry reports (the confirmation of the same kind of power and investigation records 46 pages);

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 extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend lectures was that the Defendant driven a car in the state of drinking alcohol level of 0.097% again, despite the fact that the Defendant was subject to the respective fines around 2003, around 2009, and around 2013.

It shall be taken into account the fact that there is no record of criminal punishment in addition to five criminal records of a fine, including the above criminal records, and one-time criminal records of a suspended sentence of imprisonment due to a crime, and other general circumstances such as the age, character and conduct, environment, motive, means and result of the crime, etc. of the defendant, the punishment as ordered shall be determined in consideration of the following circumstances.