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 March 8, 2018, the defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seoul Southern District Court on March 8, 2018.

around 17:00 on October 1, 2019, the Defendant driven the EM5 vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.194% from the Alley of Yongsan-gu Seoul to the Drode of the same day from around 17:10 on the same day.

Accordingly, the defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents and on the circumstantial statement of the driver concerned;

1. Division: Application of Acts and subordinate statutes to inquiries about foreign crimes and investigation career data;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction other than fine, and the fact that a person does not drive under the influence of alcohol again while in reflecting the fact that he does not do so);

1. Order to attend lectures under Article 62-2 of the Criminal Act;