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 August 28, 2009, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a crime of violation of the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch on August 28, 2009, and a summary order of KRW 3 million with the same crime in the same court on October 16, 2015, respectively.

On June 27, 2019, at around 09:32, the Defendant driven a DNA 2 cargo vehicle under the influence of alcohol concentration of about 0.064% from the section of about 500 meters from the front of the Chungcheong City B to the front of the city apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Criminal records, reply reports (A), investigation reports (written confirmation reports twice the same type of force), and application of Acts and subordinate statutes in summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment shall be set to the extent of discretionary mitigation, taking into account the circumstances leading up to the crime for sentencing (not immediately driving alcohol after drinking, but crackdown after drinking) under Article 62-2 of the Criminal Act, blood alcohol concentration, recidivism period, criminal records, circumstances after the crime, Defendant’s economic condition, and other sentencing conditions, and the community service order, etc. shall be added thereto.