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 June 25, 2018, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (refluence of noise measurement) at the Sung-nam branch of Suwon District Court on June 25, 2018.

On October 19, 2019, at around 20:55, the Defendant driven an EM5 vehicle from the section of approximately 1 km from the vicinity of C Teaching Institutes to D in the same city under the influence of alcohol content of 0.086%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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 the fact that the defendant again commits the crime of this case even though he had a previous record of refusing to measure alcohol, the time interval with the previous record of the same kind of crime, the blood alcohol concentration of the defendant, and other age, character, conduct and environment of the defendant, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing as stated in