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.

On February 21, 2007, the Defendant was sentenced to a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 21, 2007; on August 12, 2008, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on August 12, 2008; on July 9, 2009, the Defendant was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 9, 2009; on May 13, 2011, the Defendant was sentenced to a suspended sentence of KRW 7 million by a fine at the Seoul Central District Court on January 7, 2015.

Criminal facts

On December 15, 2018, the Defendant was under the influence of alcohol level of 0.057% on blood alcohol level around 21:26 on December 15, 2018, and was driving a D car from the front of Gangnam-gu Seoul to the front of Gwangjin-gu Seoul Special Metropolitan City City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant drives a vehicle under the influence of alcohol, even though there are several times of past records of criminal punishment (three times of fine, one suspended execution, one time of a suspended execution), including a punishment for drunk driving, and the responsibility for the crime is not somewhat weak.

However, it appears that the defendant recognized the crime of this case and reflected his mistake, and that he thought that he would not have an impact on driving due to drinking alcohol at night on the day before driving of this case. In fact, the blood alcohol concentration at the time of driving of this case.