A defendant shall be punished by imprisonment for one year.

except that 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 March 30, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on March 30, 2012, and was sentenced to a fine of KRW 4 million in the same court on May 24, 2016.

On June 18, 2020, the Defendant, while under the influence of alcohol 0.150% of blood alcohol concentration around 05:24 on June 18, 2020, driven the E-Wz car volume from the front of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, at approximately 1km section to the front of the D Special Metropolitan City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that there are two times the previous convictions for drinking alcohol, and that there is a high drinking alcohol level, etc. are disadvantageous to the defendant.

However, considering the fact that there is no previous conviction exceeding the fine, that it appears that the defendant used the ordinary driving as agent, that the defendant's branch wanted the defendant's wife, and that the defendant would not drive under the influence of alcohol again by disposing of the vehicle, etc., and that the drinking driving is recognized and his mistake is pened, the punishment as ordered shall be determined like the order.