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

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On May 18, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on May 18, 2007, and a fine of KRW 2.5 million as a same crime in the above court on May 7, 2010.

Nevertheless, at around 06:55 on November 27, 2019, the Defendant, while under the influence of alcohol of 0.098%, committed a violation of the Regulations on the Prohibition of Drinking Motor Vehicle Driving on at least two occasions by driving Esp motor vehicles at approximately 500 meters from the vicinity of the Seoul High School located in Gangdong-gu Seoul Metropolitan Government to the front roads of the same Gu.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's legal statement, state-run driver's statement, circumstantial statement (4 pages of investigation records), notification of the results of crackdown on drunk driving (7 pages of investigation records), criminal records records, etc.;

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. 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 of Article 62-2 of the Criminal Act on the provision of community service and lecture attendance order is that the Defendant driven a car in the state of the second blood alcohol concentration of 0.098% even though he was subject to each fine around 2007 and around 2010 due to drinking alcohol.

The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the mistake is to be taken into account, the defendant has no criminal records other than the above previous criminal records, and the defendant has no other criminal records, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime and circumstances after the crime, etc. shall be determined as ordered.