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 January 24, 2008, the Defendant received a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) from the Jinyang Branch of the Incheon District Court on February 5, 2008, and a fine of KRW 700,000 as a same crime from the Busan District Court Branch of the Republic of Korea on February 5, 2008.

그럼에도 불구하고 피고인은 2020. 4. 18. 21:20경 혈중알콜농도 0.183%의 술에 취한 상태로 서울 도봉구 쌍문동 불상지에서부터 같은 구 B에 있는 C 앞 도로에 이르기까지 약 1킬로미터 구간에서 D 팰리세이드 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

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. In addition to the Defendant’s prior conviction, Article 62-2(1) of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc., the following should be taken into account: (a) the Defendant had been sentenced to a fine due to drinking alcohol in 2005; and (b) a minor physical accident that was committed under the judgment with a high blood alcohol level; (c) however, the Defendant was not subject to a suspended sentence and the Defendant did not have any criminal record for the last twelve years, and there was two minor children to be supported.