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 November 9, 2012, the Defendant was issued a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act in the Chungcheong District Court.

On September 22, 2019, at around 09:07, the Defendant driven a C low-speed car with approximately 1km alcohol concentration of about 0.053% from the section of approximately 1km from the front of the Guri-si B apartment road to the front of the 167 Saturdays, along with the same inspection line.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on confirmation of the same kind of suspect records)-related Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the accused who had been punished several times for the same kind of crime, such as drinking, driving without a license, and violation of the Road Traffic Act (not after-accident) even before sentencing.

Nevertheless, the crime of this case was committed while driving under the influence of the blood alcohol concentration of 0.053%.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and reflects the fact that the defendant's health is not good and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.