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 October 20, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act in the Cheongju District Court Support on Cheongju District Court on 2017.

Criminal facts

On September 1, 2019, at around 04:25, the Defendant driven a F bargaining car under the influence of alcohol level of about 0.151% from the 10-meter section to the front road located in D, up to the instant road located in Songpa-gu Seoul Metropolitan Government B apartment C, Songpa-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. On-site photographs;

1. A previous conviction in judgment: An inquiry report, an investigation report, and an application of Acts and subordinate statutes of one copy of a summary order;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 Criminal Act is that the defendant driving a vehicle under the influence of alcohol even though he/she had a record of criminal punishment once due to drinking driving, and the responsibility of the defendant for the crime is not less severe.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime of this case, the sentencing conditions specified in the trial process shall be determined by comprehensively taking into account the defendant's age, character and behavior, environment, motive and consequence of the crime, and all other circumstances, such as the circumstances after the crime, etc.