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 August 26, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court on August 26, 2009, and on June 2, 2014, the Defendant was issued a summary order of KRW 3 million with the same crime in the same court.

On January 23, 2020, at around 07:59, the Defendant driven a Clater vehicle with a blood alcohol content of about 0.117% under the influence of alcohol from approximately 30km to around 10.5km in the direction of Incheon Western Highway, which is located in Seogdong-dong, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, application of Acts and subordinate statutes attached to judgment;

1. Relevant provisions of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence [to punish imprisonment in consideration of the fact that a person recommits the crime of this case even though he/she had a previous record of driving under the same influence as the criminal records of

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 2

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. Order to attend lectures under Article 62-2 of the Criminal Act;