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 14, 2017, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court in order to support the Defendant.

On October 10, 2019, at around 01:09, the Defendant operated a cruise car with a blood alcohol concentration of about 0.134% at the section of about 3 km from the front of the restaurant in front of the city of Ansan to the bus stops in front of the city of Ansan, and violated the provision on the prohibition of drinking under the Road Traffic Act two times or more.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Suspected vehicle photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), and application of statutes on attached data;

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 sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as ordered by comprehensively taking into account all the sentencing factors shown in the pleadings of the instant case, including the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The fact that the driver re-drivings a motor vehicle despite the history of punishment for driving under the influence of alcohol, the circumstances leading up to the detection, the defendant's situation at the time, and the degree of alcohol concentration in light of the degree of danger caused by driving: The confession and reflect of the crime, the fact that there is no criminal record exceeding the fine.