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 January 13, 2011, the defendant was issued a summary order of a fine of three million won by the Busan District Court for a violation of the Road Traffic Act.

On October 19, 2019, at least 0.185% of blood alcohol concentration, the Defendant driven a approximately five-meter section at C parking lot located in Seojin-gu Seoul Metropolitan City, Seojin-gu, Seoul and driven a drinking-free car at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection and handling of the drinking driver and on the circumstantial statement of the drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related 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: Drinking driving is highly likely to infringe on the life and property of others as well as himself/herself.

In addition to the first head written in the judgment, the defendant has been punished for a crime concerning the operation of a motor vehicle.

At the time of the instant crime, blood alcohol concentration is very high.

In favorable circumstances: The defendant shows an attitude to recognize and reflect his mistake, and there is no history of punishment exceeding the fine.

The actual distance of operation is not the way.

In addition, in consideration of the age, character and conduct of the defendant, motive, means and result of the crime, circumstances before and after the crime, etc., various circumstances constituting the conditions for sentencing as shown in the arguments in this case, the punishment as ordered shall be determined.