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 May 16, 2012, the Defendant issued a summary order of a fine of one million won by committing a violation of the Road Traffic Act at the Jung-gu District Court on May 16, 2012, and on September 9, 2016, the same court has been sentenced to imprisonment for eight months and two years of suspended execution.

On March 19, 2020, at around 02:48, the Defendant driven Cdimeral Motor Vehicle with a blood alcohol concentration of 0.142% under the influence of alcohol from the site near Gangnam-gu Seoul Southern Station to the front of the same Gu B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the circumstances, request for appraisal, and written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, repeated statements, and application of Acts and subordinate statutes to investigation reports (the sound records and twice);

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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act need to eradicate drinking driving on the grounds of sentencing, and the defendant once again drives under drinking even though his/her past record of punishment for drinking driving is several times, the defendant's blood alcohol level, the defendant's recognition of facts charged and reflects the facts charged, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, after considering the circumstances after the crime, etc.