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 April 21, 2010, the Defendant was issued a summary order of KRW 1 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

On October 10, 2019, around 03:35, the Defendant violated the prohibition of driving under the influence of alcohol two times or more while driving Et XG cars at approximately 0.068% of alcohol level in the 2km section from the vicinity of the headquarters of the Jinjin-gu Seoul Metropolitan Government to the front day of the same Sinsan-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), summary orders, and application of statutes of the judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of punishment for drunk driving.

However, considering the fact that the defendant's mistake and reflects, the fact that the defendant disposes of the vehicle, and other circumstances shown in the trial process of this case, such as the age, character and conduct, family relationship, and environment of the defendant, the punishment as ordered shall be determined.