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 April 5, 2012, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving on Motor Vehicle) from the Jung-gu District Court.

【Criminal Facts】

On August 25, 2019, at around 00:15, the Defendant driven a D UP car with a blood alcohol concentration of about 0.140% from the front side of Pyeongtaek-si to the front side of the same city from around 400 meters to the front side of the same city.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 the provision of drinking alcohol in this case, the circumstances leading up to the Defendant’s drinking operation, the same criminal records of the Defendant, and other various sentencing conditions indicated in the records of this case, including the age, character and conduct of the Defendant and the environment, shall be determined as ordered by considering the following factors.