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

On December 30, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court.

On April 24, 2020, the Defendant driven a DNA food vehicle in the state of alcohol concentration of 0.122% in the blood alcohol level from approximately 700 meters to the front day of the same city from 22:05 Seocheon-si, B, and the front day of the same city.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (verification of the same criminal records as the suspect), and application of the summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection 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 punishment shall be determined by taking into account all the sentencing conditions indicated in the pleadings of the instant case, including the following: (a) the fact that a person ordered to provide community service or attend lectures was discovered to change his/her will and position immediately after the crime was committed for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the driving distance is not long; (c) the volume of alcohol concentration in blood; (d) the frequency and time of punishment for the same kind of crime; and (e) the family relationship, age, sex behavior, circumstances surrounding the crime, and circumstances after the crime.