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 30, 2012, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court on May 30, 201, and a fine of two million won for the same crime in the same court on July 25, 2016.

On August 16, 2019, at around 23:58, the Defendant driven D Poter vehicle over approximately 800 meters from the front day of the Gyeonggi-si B apartment in Gwangju to the entrance of the Gyeonggi-si in the Gyeonggi-si, while under the influence of alcohol content of 0.16%.

Accordingly, the defendant was driven 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. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and summary orders of the same criminal suspect case;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act; the term of punishment as ordered shall be determined by comprehensively taking account of the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime and other conditions of sentencing as shown in the records, such as the reason for sentencing under Article 62-2 of the Criminal Act;