A defendant shall be punished by imprisonment for a term of one year and two months.

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 December 18, 2008, the Defendant had been issued a summary order of KRW 4 million due to the violation of the Road Traffic Act (driving) at the Gangnam Branch Branch of the Chuncheon District Court on two occasions. However, on April 13, 2020, at around 02:40, the Defendant driven approximately 1.5 km-sports cargo vehicles from the front of the Cju store located in Gangseo-si B while under the influence of alcohol content of KRW 0.142%.

Summary of Evidence

1. Report on the circumstances of the criminal defendant's legal statement, the statement, and the report on the results of the regulation of drinking driving and internal investigation (victim F telephone conversations);

1. The actual survey report and on-site photographs;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) 3 of the Road Traffic Act that choose the punishment for discretionary mitigation (see, e.g., Article 53 and 55 (1) 3 of the Criminal Act (see, e., Supreme Court Decision 2009Do1448, Jan. 2, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to the participation in the compliance driving lecture repeatedly taking into consideration the grounds for mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;