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

The Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on June 18, 2008, and was sentenced to a fine of KRW 4 million for the same crime in the same court on April 6, 2011.

Criminal facts

On November 11, 2019, at around 20:20, the Defendant, while under the influence of approximately 0.079% of blood alcohol concentration in front of the C cafeteria in Pyeongtaek-si B, was in violation of the prohibition of drinking under the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and notification of the result of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to summary orders of punishment records of the same kind of power);

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the provision of drinking alcohol in this case, the circumstances leading up to the Defendant’s drinking operation, the same criminal records of the Defendant, and other various sentencing conditions indicated in the records of this case, including the age, character and conduct of the Defendant and the environment, shall be determined as ordered by considering the following factors.