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 December 29, 2010, the Defendant was sentenced to a fine of 2.5 million won by the Seoul Northern District Court for a violation of the Road Traffic Act.

Although the Defendant was punished for drunk driving as above, around 09:00 on December 8, 2019, the Defendant driven the EM5 vehicle under the influence of alcohol at approximately 1.7 km from the front of the C Elementary School located in Yongsan-gu Seoul Metropolitan Government B to the front of the same Gu D, with a blood alcohol concentration of about 0.186%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the circumstances of the driver concerned), control details, written request for appraisal, and written request for appraisal, and written report on the driver concerned (Evidence No. 26 pages of evidentiary records);

1. Previous records of judgment: Criminal records, references to criminal records, reports on the previous records of each disposition and results of confirmation, and application of each statute of the judgment;

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. The reason for sentencing of Article 62-2 of the Criminal Act, the danger of drunk driving itself, the blood alcohol concentration at the time of drunk driving, and the fact that the driver re-drivings the vehicle despite the history of punishment for drunk driving, is heavy.

However, taking into account the fact that the defendant seriously reflects his mistake, and that the defendant is trying to sell the vehicle and prevent recidivism, such as a gold drinking treatment and a single-person campaign, the previous drinking driving criminal record is ten years, and there is no specific criminal record thereafter, the punishment as ordered shall be determined by taking into account the sentencing factors in light of the defendant's age, occupation, family relationship, living environment, etc.