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 March 6, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court. On August 11, 2009, the Defendant was sentenced to a summary order of KRW 4 million for the same crime, etc. at the Seoul Western District Court. On August 27, 2010, the Defendant was sentenced to a suspended sentence of two months for the same crime.

【Criminal Facts】

On November 9, 2019, at around 04:37, the Defendant driven CNAS car at approximately 10km from the Gambol-dong Seoul Metropolitan Area to the front road of Gwangju City, in a state of alcohol of 0.124% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. The application of criminal records, inquiry reports, and criminal investigation reports-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 sentencing conditions stated in the records, such as the accused’s age, occupation, character and conduct, family relationship, living environment, circumstances leading to a crime, etc., as a whole, shall be determined in the same way as the disposition of the court in light of the reasons for sentencing under Article 62-2 of the Social Service and Criminal Act, criminal records, shooting between crimes, drinking level, driving distance, distance of vehicle