A defendant shall be punished by imprisonment for one year.

except that 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 October 10, 2002, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court's Seosan Branch.

Nevertheless, at around 23:00 on October 3, 2019, the Defendant driven a DEX car under the influence of alcohol with a blood alcohol concentration of 0.129% from around 20km-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, to the road at a point of about 7.6 km in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, a written appraisal of blood alcohol and notification of the results of the control of drinking driving (blood collection);

1. Application of Acts and subordinate statutes to an inquiry report, reference report, such as criminal records, etc.;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., the Supreme Court Decisions 201Do134, Jan. 1, 201; 201Do