A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 21, 2007, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on November 21, 2007, and on April 16, 2013, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 2,50,000 to a fine for the same crime at the Jung District Court on April 16, 2013

On October 16, 2018, at around 21:58, the Defendant driven a DNA car with approximately 4 km from the street in front of the Suwon Park in Busan, to the front of the C private teaching institute located in the same Gu B, with a blood alcohol concentration of about 0.251% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act has a record of having been punished several times for the same crime, such as drinking or unlicensed driving, violation of the Road Traffic Act, etc. even before the accused has been punished.

Nevertheless, the crime of this case was committed while driving with very high level of alcohol concentration of 0.251%.

However, given the favorable circumstances in favor of the family members to be supported by the defendant.

The punishment as ordered shall be determined by comprehensively taking into account 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.