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 July 7, 2009, the defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Suwon District Court's Eunpyeong site.

Nevertheless, at around 21:42 on October 9, 2019, the Defendant driven B car under the influence of alcohol content of about 0.131% at a distance of about 2 km from the front of the office of Pyeongtaek-si coal to the front of the 11131 km-do road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 reason for sentencing under Article 62-2(1) of the Criminal Act, even though the defendant had been punished twice for the crime related to road traffic, the nature of the crime in this case is not good in that he/she again commits the crime in this case. However, the execution of imprisonment shall be suspended by taking into account his/her mistake and there are no criminal records during the past five years, and incidental disposition shall be imposed to prevent recidivism.