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, 2015, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violation of the Road Traffic Act in the Chuncheon District Court’s territorial branch on August 26, 2015. On October 9, 2019, the Defendant driven a fenzE250 car under the influence of alcohol concentration of approximately 0.057% in a section of about 5km from the YY C parking lot located in Gangnam-si B to the roads located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. The actual survey report on traffic accidents;

1. Investigation report (Investigation of the application of the Badmark after the lapse of time);

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The driving of drinking alcohol is highly likely to cause harm to the life and body of others as well as himself/herself, and the defendant has been punished once before the instant case, and the circumstances favorable to the driving of drinking alcohol even though he/she had been punished once before the instant case: The defendant is aware of the crime and reflects his/her mistake; the defendant again desires not to drive drinking alcohol; and the defendant will not drive drinking again; and other factors of sentencing specified in the instant records and arguments, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., shall be determined as ordered.