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 January 18, 2011, the Defendant is a person who received a summary order of a fine of KRW 3 million from the Seoul Central District Court for a violation of the Road Traffic Act.

The defendant is a person who is engaged in driving of Btota CAMY car.

On November 28, 2019, at around 04:13, the Defendant driven the said car under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.072% from the distance near the water zone located in 108 according to Seocho-gu Seoul Metropolitan Government, to the front road in the same Gu C.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the place of measuring the results of drinking, and investigation report (calculated of blood alcohol concentration);

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and the application of Acts and subordinate statutes on criminal investigation reports;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation and the fact that the accused repeats drinking driving, it is judged that there is a need to supervise the accused so as not to drive drinking, and especially order probation;

Social service order

The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant did not know about four times (three times a fine, one time a suspended sentence of imprisonment) having been punished due to drinking, drinking, refusing to measure alcohol, etc., and that the Defendant committed the instant crime without being aware of it, and that the Defendant was sentenced to punishment in consideration of the overall circumstances, such as blood alcohol concentration and driving distance.