A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 28, 2008, the Defendant issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on November 28, 2008, and a summary order of KRW 3.5 million with the same crime at the Ulsan District Court on May 4, 2016.

Nevertheless, on February 25, 2020, at around 21:21, the Defendant driven CK5 cars while under the influence of alcohol of about 2 km from around 2km to about 0.114% of alcohol concentration in the vicinity of the racing viewing road, which was located in 260 in the 200-si, the front line.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement, circumstantial statement, and notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and 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 on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)

1. Taking account of the reason for sentencing of Article 62-2 of the Criminal Act and repeated drinking and unlicensed driving, it should be criticized.

However, considering the fact that it is against the crime as favorable factors of sentencing, the punishment shall be determined as ordered in consideration of the overall circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, and environment.