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 May 14, 2010, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Jeonju District Court on May 14, 201, and on May 2, 2013, the Defendant was issued a summary order of KRW 5 million by the same court on May 2, 2013.

On October 30, 2019, at least 21:22, the Defendant violated the provision on prohibition of driving under the influence of alcohol by driving a FES300-h vehicle under the influence of alcohol at approximately 0.087% while under the influence of alcohol at approximately 50 meters from the parking lot near the Yansan-gu Seoul Metropolitan City to the front of the convenience store of “E” located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on driving under influence of alcohol and the circumstantial statement of a drinking driver;

1. Requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, investigation status (verification of the same kind of records, such as drunk driving of a suspect), and application of double-order 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. 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 extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of punishment for drunk driving and refusing to measure drinking, it is disadvantageous to the Defendant.

However, there is no record of criminal punishment except for two times of fines, and there is no traffic accident in favor of the defendant.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.