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

[criminal power] On September 10, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on September 10, 2008, and a summary order of KRW 1.5 million as a fine for the same crime in the same court on October 21, 2015.

【Criminal Facts】

On August 12, 2019, at around 00:35, the Defendant driven a DNA car with approximately 2 km from the roads near Chigh School located in Sinsi-si B to the roads front of the water resources construction distance at the same time, while under the influence of alcohol concentration of about 0.093%.

Summary of Evidence

1. Defendant's legal statement;

1. Consent to blood collection and written confirmation, and a written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and 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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively considered.