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.

Criminal facts

【Criminal Power】 On April 30, 2008, the Defendant was sentenced to a fine of KRW 4 million on the grounds of the violation of the Road Traffic Act (Refusal of Measurement) in the Yeongdeungpo-gu District Court’s Yeongdeungpo-gu District Court’s territorial support.

【Criminal Administration” around 01:05 on August 23, 2020, the Defendant driven a FM5 vehicle while under the influence of alcohol with approximately 0.196% alcohol concentration from the 1km section from the south-gu C road located in the Nam-gu, Seoul to the front road of the same Gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of suspected victims of violation of the Road Traffic Act, notification of the results of the control of drunk driving, and report on the state of alcohol drivers' regular statement;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act, together with the amounts of blood alcohol concentration on the grounds of sentencing, and fines for the violation of the Road Traffic Act of 2006, shall be considered as the third drinking driving, the last drinking driving at intervals of time with the last drinking driving, and other penalties, and the reflection of the accused, etc.