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 6, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court due to a violation of the Road Traffic Act.

Nevertheless, the Defendant, while under the influence of alcohol around 23:50 on July 19, 2019, driven a car with Cromatic alcohol content of about 0.225% from the nearest road of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu to the front road of the same Gu.

As a result, the Defendant was under the influence of alcohol in violation of the duty of prohibition of driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Criminal records, inquiry reports, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Determination of the same sentence as the order shall be made, taking into consideration all the various kinds of sentencing conditions shown in the pleadings of the instant case, such as the reason for sentencing under Article 62-2 of the Criminal Act, the background of drinking alcohol driving, the measurement of drinking alcohol, the previous conviction of a fine for drunk driving, the risk of recidivism, and reflectivity

It is so decided as per Disposition for the above reasons.