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 Power] On September 17, 2008, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site Board, and on May 1, 2012, the Defendant was sentenced to a suspended sentence of three years for one year and six months for the same crime, etc.

【Criminal Facts】

On June 21, 2019, at around 01:19, the Defendant driven a B-low-car under the influence of alcohol level of about 0.187% in the section of approximately 30km in the area of alcohol level, from the ambitol located in the Nam-dong, Namwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;

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. 16037, Dec. 24, 2018);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;

1. Scope of punishment by law: One year to three years; and

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.

3. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined as the order.

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

The defendant committed the crime of this case, even though he had been punished three times for the same crime.

The crime of this case.