A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 8, 2011, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court to a fine of KRW 2 million for a violation of the Road Traffic Act, and on April 24, 2013 to a fine of KRW 4 million for the same crime at the Seoul Central District Court.

On August 15, 2020, around 04:47, the Defendant driven a FMW car with approximately 600 meters alcohol level 0.137% under the influence of alcohol level 0.137% from the Do prior to the restaurant in Gangdong-gu Seoul Metropolitan Government to the E-Road located in Gangdong-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of the investigation report, the report on the circumstances of the driver, the employee, and the report on the oral statement of the driver;

1. Application of two Acts and subordinate statutes of Part II to criminal records, reply reports (A), investigation reports (verification of the same kind of power), and summary orders;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant who was sentenced to the sentence had the record of being punished as a crime of violating the Road Traffic Act (driving) around 2011 and around 2013, and this is the third crime.

At the time of the instant case, the Defendant’s blood alcohol concentration is 0.137%.

Considering the fact that the defendant does not repeat the crime, and that there is a family member to support.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.