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 November 1, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on November 1, 2006, and a fine of two hundred and five million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on June 22, 2009.

On October 20, 2019, the Defendant was under the influence of alcohol of 0.040% of blood alcohol concentration at around 09:21, the Defendant driven CM5 car from the front of the Guri-si B apartment road to the front of the CMF 155 CM5 car.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;

1. Reference letters, investigative reports (verification of the history of sound driving), and the application of a copy of judgment statutes;

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, had been punished for the crime of violation of the Road Traffic Act (driving) around 2006 and around 2008, also reached the crime of driving under the influence of alcohol in this case.

However, each of the above punishment records shall be the point of time after the lapse of 10 to 13 years from the instant case, and the defendant's blood alcohol concentration at the time of committing the instant crime is 0.040%, and it shall be considered that they are the so-called deliberation case.

In addition, the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. of the defendant, various conditions of sentencing as shown in the records and pleadings of the case and the life sentence of the prosecutor shall be determined as per the order, comprehensively taking into account.