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 12, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Goyang-gu District Court (Seoul District Court) on December 12, 2014, and was sentenced to a fine of KRW 5 million by the same court on July 25, 2016.

On December 26, 2019, at around 21:40, the Defendant violated the prohibition of drinking driving at least twice by driving a D rocketing car under the influence of alcohol concentration of 0.061%, from around 300 meters to the roads located in C, around 21:44 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and entry into the following inquiries;

1. Previous records of judgment: Criminal records, inquiry records, and application of each Act or subordinate statute of the same criminal records and 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 to mitigate small amount;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act include not only two criminal records, but also one criminal records, which have been punished due to drunk driving, etc., and a number of criminal records of multiple violence.

However, the drinking level of the instant crime is not very high, but is short of the distance of drinking driving.

At least three years have passed since the defendant was punished for drinking driving, and the defendant is expected not to drive a drinking again.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

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