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 January 20, 201, the Defendant: (a) was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch; (b) on November 13, 2012, the summary order of KRW 5 million for a violation of the Road Traffic Act at the Seoul Southern District Court’s Seoul Southern District Court; (c) on February 19, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (refluence of measurement) at the Seoul Southern District Court’s Seoul Southern District Court on three occasions; (d) on November 16, 2019, the Defendant was driving a motor vehicle under the influence of alcohol of KRW 0.152% of the blood alcohol concentration at the section from the end of the C elementary school located in Gangseo-gu Seoul Metropolitan Government to the adjacent road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, reports on the circumstantial statements of drivers, investigation reports, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.