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 18, 2013, the Defendant was sentenced to a fine of KRW 2 million by the Seoul Southern District Court due to a violation of the Road Traffic Act (driving).

Nevertheless, at around 20:53 on December 8, 2019, the Defendant driven D Lasttop vehicles under the influence of alcohol 0.096% of blood alcohol concentration from approximately 4 km section from the street in front of the arrival of the ship to the light in front of the C, the Defendant driven the D Lasttop vehicles in the influence of alcohol at approximately 0.096%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.