A defendant shall be punished by imprisonment for two years.

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 July 24, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Busan District Court’s Dong Branch Branch, and on April 25, 2017, issued a summary order of KRW 1 million as a fine at the Seoul Southern District Court’s same crime.

On November 19, 2019, around 23:26, the Defendant driven a FM car under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.042% from the 300-meter section from the roads near C Station in Yongsan-gu, Seoyang-si to the front road of the E elementary school in D.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order attached to the same type of crime records);

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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account all the factors such as the fact that community service and lecture attendance order had the record of punishment for the reasons of sentencing under Article 62-2 of the Criminal Act, the fact that drinking is relatively low, the confession and reflect of the crime, the distance of the defendant's driving, the current situation of the defendant's age, and other factors such as sentencing prescribed by Article 51 of the Criminal Act;