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 July 27, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Jung-gu District Court.

On August 22, 2019, the Defendant: (a) around 19:50 on August 2, 2019, around the Defendant’s residence in the T-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

As a result, the defendant violated the prohibition of drinking driving, and did not comply with the request for drinking again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, notification on the results of the control of drinking driving, and the use register of measuring instruments;

1. On-site CCTV photographs;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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: (a) the Defendant committed the instant crime even though he had a previous record of drunk driving; (b) the nature of the instant crime is not good; (c) the interval between the previous record of drunk driving and the criminal records; and (d) the Defendant’s age, character and conduct and environment; (d) the motive, means and consequence of the instant crime; and (e) the conditions of sentencing specified in the pleadings of the case