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 May 15, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Jung-gu District Court.

On November 19, 2019, at around 23:14, the Defendant driven a knife vehicle under the influence of alcohol content of approximately 15 meters from a Do in front of the coast guard house in the new Si/Eup/Myeon from the Do in the same city to the distance from internal house located in the same Si/Eup/Myeon.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a inquiry into the result of the crackdown on drinking driving (No. 3 of the evidence list);

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, copies of summary order (Evidence records No. 33, 34 pages of evidence);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 has a record of being punished for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.124%.

However, considering the favorable circumstances that the Defendant recognized the instant crime and reflects the fact that there is a family member to support the Defendant, the distance of driving is relatively short, and considering the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions such as the following circumstances.