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 September 3, 2015, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Seoul Western District Court on September 3, 2015.

At around 07:10 on February 23, 2020, the Defendant driven a DMW car under the influence of alcohol concentration of approximately 0.127% from the section of about 4km from the roads near the Dong basin of the Gwangjin-gu Seoul Metropolitan Government to the front roads of Songpa-gu (CG) in Songpa-gu.

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. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A dangerous criminal who, as a result of the high possibility of traffic accidents, may cause unexpected behaviors to the life and family of others as well as his/her own, and circumstances favorable to the defendant who has a record of punishment of a fine on one occasion due to a drunk driving: The fact that the defendant has no record of punishment heavier than a suspended sentence;