A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] On February 15, 2013, the Defendant was sentenced to a fine of KRW 5 million by the Seoul Southern District Court due to a violation of the Road Traffic Act (driving).

[2] On October 2, 2020, around 11:15, the Defendant driven a BXM3 car while under the influence of alcohol concentration of approximately 0.058% from the 1.2km section of blood to the front road of the Gangnam-gu Seoul, Gangnam-gu, 396’s “Ginam-ro Intersection 396” to the front road of the Gu-ro 566’s 1.2km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the situation of the driver in charge);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same type of disposition), and application of the relevant statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant drives drinking again even though he had the record of being punished for driving under drinking, the defendant's time interval with the same kind of crime, the alcohol concentration level, driving distance, the defendant's recognition of and reflects the facts charged, the criminal records of the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime.