However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On November 30, 2006, the Defendant was sentenced to a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act (Refusal of measurement) at the Seoul Central District Court, and on December 8, 2016, the Defendant was sentenced to a suspended sentence of three years for a period of one year and six months by imprisonment with prison labor at the Seoul Northern District Court on December 8, 2016.

On December 19, 2019, the Defendant driven a D QM5 vehicle while under the influence of alcohol 0.034% in the section of approximately 0.5km from a place where it is impossible to identify the detailed address below Gangnam-si B around 14:43 to the front road of Gangseo-si.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, and notification of the result of crackdown on drinking driving;

1. A statement on criminal records, etc., reports on pre-disposition and confirmation, and application of each statute of the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The defendant who has been sentenced to the punishment has the record of being punished for the crimes of violation of each Road Traffic Act (driving) around 2003, around 2005, around 2006, and around 2016.

In particular, even though the above punishment was imposed on the suspension of the execution of imprisonment in around 2016, the defendant committed the crime of this case at the same time, which is disadvantageous to the defendant.

However, the criminal time of this case is 2:00 p.m. 43 p.m., and the blood alcohol concentration of the defendant at the time is only 0.034%.

The Defendant is suffering from “diceing alcohol”, and at the time of detection of alcohol driving.