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 September 19, 2014, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Cheongju District Court on December 7, 2019. However, around 07:45 on December 7, 2019, the Defendant driven a Dai-Wur-Wur-Wurn vehicle under the influence of alcohol 0.106% with a blood alcohol concentration from approximately 3km to the new village in front of the new village in the same Gu 326-1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (the latest previous records and confirmation of a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 and (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act was subject to the fourth criminal punishment due to drunk driving. The punishment shall be determined in consideration of the degree of blood alcohol concentration, hours during and after drinking alcohol, and hours and circumstances during and after drinking alcohol, place of driving, driving distance, degree of accident, regulated circumstances, and the period of recidivism, etc., and the punishment corresponding to the criminal liability stated in the crime shall be imposed. However, the punishment shall be determined in depth, and the punishment exceeding the fine shall not have any force on punishment.