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 July 22, 2015, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act from the Sung-nam branch of Suwon District Court on July 2, 2015, and on January 29, 2016, the above court received a penalty of KRW 4 million for the same crime.

Although the Defendant violated the provision on the prohibition of drinking driving twice or more, on January 31, 2019, the Defendant driven B-low-income cars at approximately 7 km from the highly accelerated road between Sung-nam and Hohowon in the Seocho-gu Seoul Metropolitan City, Gwangju, under the influence of alcohol by 0.133% of alcohol level around 01:04.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and notification of the results of crackdown on drinking driving (13 pages of investigation records);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and confirmations, and 62 pages of investigation records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are as follows: (a) the Defendant driven a car under the influence of alcohol, even though he was sentenced to respective fines around 2005, around 2015, and around 2016, even if he was sentenced to a fine, which is not less than 0.13% of the blood alcohol concentration.

In light of the fact that the defendant was sentenced to a suspended sentence of imprisonment for a crime of Lee Jong-sung in around 1994 and there is no other criminal record except the above three times after the defendant was sentenced to a suspended sentence of imprisonment for a crime of Lee Jong-sung in around 1994, and other circumstances, such as the age, character, 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.