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 February 15, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court.

At around 22:30 on December 28, 2019, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of about 0.046% in the 1km section from the Yangju City B apartment road to the front road of the same city C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement and investigation report of the driver of the alcoholic beverages, etc. (report on the situation of the driver’s driving);

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

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant again commits the crime of this case even though he had the same criminal record, the same criminal record has long been committed, the degree of blood alcohol and alcohol of the defendant, the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be determined as ordered.