1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On September 8, 2006, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Ulsan District Court on September 8, 2006, and received a disposition of suspending indictment for the same crime at the Ulsan District Prosecutors' Office on August 27, 2018.

【Criminal Facts】

On October 19, 2019, at around 15:35, the Defendant driven a F Poter under the influence of alcohol concentration of about 0.117% at the section of approximately 2.4 km from the front of the C Poter, which is located on the 15:35 racing, to the front of the E Poter located on the Dok-si.

As a result, the defendant was a person with the power of violating the Road Traffic Act prohibiting driving under the influence of alcohol and was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (verification of the records of sound driving), summary order, and non-prosecution decision, respectively;

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. Article 62 (1) of the Criminal Act (i.e., confession, health conditions, environment, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;