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 9, 2012, the Defendant was issued a summary order of KRW 5 million by the Daejeon District Court due to a crime of violation of the Road Traffic Act.

On December 2, 2019, when the Defendant was punished for drunk driving, the Defendant driven a motor vehicle in the E-Spo-type under the influence of alcohol with approximately 400 meters alcohol concentration of approximately 0.089% from the front of the Asi B apartment on the Asan City B apartment road to the front of the D located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the results of crackdown on drinking driving, and report on the circumstances of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to inquire criminal records, etc., an inquiry report on criminal records, etc. and an advance report on disposition and a report on results of confirmation;

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 suspended execution ( comprehensively taking into account the criminal records of the accused, the degree of blood alcohol concentration, the background leading up to the drinking driving, the driving distance, the past crime of drinking and the interval between the crimes of drinking alcohol and the crimes of this case);

1. Order to attend lectures under Article 62-2 of the Criminal Act;