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 13, 2019, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Jung-gu District Court.

Nevertheless, the Defendant was under the suspension of driving license for 80 days from July 7, 2019 to September 24, 2019, and on August 16:10, 2019, the Defendant driven a FNAS car with approximately 30 meters alcohol concentration of about 0.113% in the section of 30 meters from the front of the Cdong of the building C-dong to the front of the “E convenience store” located D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The register of driver's licenses, and report on the state of driver's licenses;

1. Previous convictions indicated in the judgment: Application of one copy of the inquiry report on criminal records, and one copy of the summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 on May 24, 2019 of probation, community service, or order to attend a lecture is that the Defendant again committed the instant crime on August 30, 2019, which is within a very short period of time, even though he/she was a drunk driving on May 24, 2019, and the quality of the crime is not good. The Defendant’s blood alcohol concentration was considerably high, and the Defendant did not have the same criminal record beyond a fine, and other conditions of sentencing specified in the instant pleadings, such as the Defendant’s age, character and behavior and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., are considered.