A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 6, 2012, the Defendant was issued a summary order of a fine not exceeding four million won due to a crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court.

On October 15, 2020, around 00:59, the Defendant driven a D-cap car with a alcohol concentration of about 17 km from the Yongsan-gu Seoul building to Seoul Gangdong-gu, with a alcohol level of about 0.197% under the influence of alcohol during blood.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture is to increase the possibility of traffic accidents and thereby lead to the occurrence of dangerous crimes, which may lead to an unclaimed behavior in the life and family of others as well as the defendant, the defendant has been punished once by a fine due to drinking driving, the driving distance is long and the blood alcohol concentration was considerably high, there is no power exceeding a fine, his mistake is divided and contradictory, and the sentencing conditions specified in the trial process of this case, such as the circumstances after the crime, etc., shall be determined as the sentence of this case.