A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 19, 2008, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of road traffic law (driving), etc. at the port branch of the Daegu District Court on May 19, 2008; KRW 3 million as a fine for the same crime at the same court on August 20, 2013; and KRW 5 million as a fine on January 23, 2017 at the Daegu District Court racing support.

On November 14, 2020, the Defendant violated the provision on prohibition of drinking by driving a F-type car with alcohol concentration of about 0.079% from the front side of the public parking lot C located in Nam-gu, Nam-gu, Seoul to the front side of the road located in the same Gu D at approximately 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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

1. As the criminal records of the same kind of criminal punishment for the reason of sentencing under Article 62(1) of the Criminal Act were repeated, the punishment was imposed as imprisonment, and considering the Defendant’s age, career, background of the crime, and drinking distance.