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 December 2, 2009, the Defendant was issued a summary order of KRW 2.5 million by the District Court of Jung-gu as a crime of violation of the Road Traffic Act.

On August 29, 2020, at around 02:41, the Defendant driven a F e-math cargo vehicle with approximately 500 meters alcohol concentration of 0.132% while under the influence of alcohol from the front of C, which is located in the Namyang-si B to the front of D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the results of drinking control;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had a record of being punished by a fine due to drinking driving.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, the distance of drinking driving is short, and the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined in accordance with all the sentencing conditions shown in the arguments of this case.