A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 29, 2010, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (driving) in Gyeyang-gu District Court, the Defendant issued a summary order of KRW 2 million for the same crime in the same court on August 6, 2014, and on May 19, 2015, the Seoul Western District Court issued a summary order of KRW 5 million for the same crime.

Criminal facts

At around 02:40 on July 3, 2020, the Defendant driven a DMW car with approximately 800 meters alcohol concentration of 0.125% in the section from the parking lot of Gangseo-gu Seoul Metropolitan Government to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification on the results of the crackdown on drinking;

1. Previous records of judgment: Criminal records, inquiry reports, records of drinking driving, judgment, application of Acts and subordinate statutes governing summary orders;

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

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

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

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.