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 February 1, 2008, the Defendant received a summary order of fine of two million won for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on February 1, 2008, and on August 11, 2010, a summary order of fine of 1.5 million won for the same crime from the subsidiary branch of the Incheon District Court.

On December 14, 2019, at around 00:18, the Defendant driven a DNA rocketing car in the state of alcohol with approximately 12 km alcohol concentration 0.079% at the section of approximately 12 km from the Modic Sasttom in Guro-gu Seoul Metropolitan Government from the Modic Sasttom to the front of C in Sinsi-si B.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of double-entry Acts and subordinate statutes, such as criminal history records, repeated records, and summary records;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.