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 1, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

On May 17, 2020, at around 04:24, the Defendant driven D SM7 car at approximately 0.147% in a section of about 200 meters in blood alcohol concentration from before Kimpo-si to the parking lot located in the same city C.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. For previous records on the accused’s legal statement E written statement, the state driver’s report on the circumstantial statement, and records on the judgment of crime preventionCCTV as a result of control of drunk driving: Application of criminal records, etc. and criminal investigation reports (a summary order attached to the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

The defendant of the reason for sentencing committed the second offense even though he had the same criminal record.

In addition, the defendant shocked the sidewalk just by driving while driving, and realized the specific risk of drinking driving, and there was a concern that the accident of human life may lead.

Nevertheless, it is not good that the defendant denies the fact of the crime to the police officer at the time of the control.

Drinking driving is a crime threatening to the life and body of himself/herself and others, and it is necessary to take into account social danger and harm.

The current Road Traffic Act has been greatly strengthened with the social demand to eradicate the harmful effects of drinking driving.

However, the fact that the defendant recognized the crime and divided the wrong facts, etc. shall be considered as favorable circumstances, and the defendant's age, occupation, family relationship, character and behavior, environment, and the crime of this case shall be committed.