A defendant shall be punished by imprisonment for a term of one year and two months.

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

The defendant seems to have written indictment on August 31, 2007, " August 3, 2007" in the indictment appears to be a clerical error.

Seoul Western District Court received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving).

On February 10, 2020, the Defendant driven a FM7 vehicle under the influence of alcohol level of about 0.190% in the section of about 3 km from the front of the ‘C' road in Soyang-gu, Soyang-gu, Soyang-gu, Goyang-gu to the front of the E apartment in Goyangyang-gu D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and the report on internal affairs (applicable to the Badmark);

1. Records of drinking driving under judgment: The application of criminal records, etc. 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. The Road Traffic Act amended on December 24, 2018, on the grounds of sentencing under Article 62-2 of the Criminal Act, amended on December 24, 2018, when selecting a person who has driven under the influence of alcohol at least twice, the punishment was strengthened to be imposed on imprisonment with labor for not less than two years but not more than five years (one year but not more than two years and six months even after discretionary mitigation).

Although the defendant had already been punished for drinking driving, he again carried out drinking driving in this case, and the blood alcohol concentration is very high.

However, considering the fact that the defendant's mistake is recognized, there is no other punishment except the above drinking driving power, and the above drinking driving power has been relatively ten years prior to the lapse of a relatively long time, the punishment shall be determined to suspend the execution of imprisonment as above.