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 July 30, 2019, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch.

On November 11, 2019, at around 23:10, the Defendant driven a DNA-type vehicle under the influence of alcohol 0.146% of alcohol concentration from the section of approximately 9km from the front of a mutually influence, which is located in Kimpo-si, Kimpo-si, Kimpo-si, to the front of the “C” located in Goyang-si B.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime as long as he/she was subject to criminal punishment for a violation of the Road Traffic Act; and (b) the drinking driving is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself; and (c) there is a need for punishment corresponding thereto.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.