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 December 16, 2013, the Defendant received a summary order of KRW 3.5 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on December 16, 2013.

【Criminal Facts】

On September 3, 2019, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a Frocketing car under the influence of alcohol content of approximately 0.233% in a section of approximately 200 meters from the road front of the Cju point located in the Gyeongnam-gun, Chungcheongnam-gun, Seoul to the road front of the Eju point located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of regulation of drinking driving;

1. A written appraisal of blood alcohol;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) 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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant, even though he/she had a record of punishment twice due to drinking driving in 2006 and 2013, was engaged in a drunk driving; the traffic accident involving parked vehicles occurs; the blood alcohol concentration is very high;

1. favorable sentencing factors: The fact that the defendant acknowledges and reflects his mistake; the defendant supports three minor sculptures together with his mother; disposing of the vehicle;

In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.