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 January 22, 2007, the Defendant received a summary order of KRW 500,000 from the Seoul Southern District Court to a fine of KRW 500,00 as a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on December 27, 2012.

1. On July 19, 2019, at around 00:17, the Defendant entering a structure, the business of which came into the “D” parking lot managed by the victim C in Kimpo-si, Kimpo-si, Kimpo-si, and the entrance shuts down, despite the completion of the business, the Defendant carried the vehicle of the Defendant parked in the entrance, and thereby intruded into the structure by entering the entrance, by having the vehicle of the Defendant parked in the entrance.

2. On July 19, 2019, the Defendant driven a vehicle while under the influence of alcohol with a blood alcohol concentration of 0.127% at a section of approximately 700 meters in the “D” parking lot located in Kimpo-si B, Kimpo-si, Kimpo-si on July 19, 2019.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the control of drinking alcohol, report on the control of drinking alcohol, report 12, and on-site photograph;

1. Previous convictions in judgment: Application of criminal records, references to criminal records, investigation reports by the prosecution (report on confirmation of records of driving under the same kind of suspect) and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 319 (1) of the Criminal Act that selects the penalty, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the confession and reflect of the defendant, blood alcohol concentration and main place (closed parking lots) as indicated in the judgment, the distance of driving, the circumstances of the crime and the details of control, the victim of the crime of intrusion of the structure as indicated in the judgment does not want the punishment of the defendant, the wife and bombs of family and bombs, and others.