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 June 4, 2015, the Defendant was issued a summary order of KRW 4 million by the Seoul Northern District Court as a crime of violation of the Road Traffic Act.

At around 23:50 on May 11, 2020, the Defendant driven a D B Blue car at approximately 5 km under the influence of alcohol concentration of 0.221% from the parking lot located in the vicinity of Seoul Special Metropolitan City, Nowon-gu to the parking lot located in the same Gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Report on the circumstances of driving in the written statement E prepared by the defendant's legal statement, report on the circumstances of driving in the drinking driver, inquiry into the results of crackdown on drinking driving, and investigation report (specific distance for drinking driving);

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

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. The reason for sentencing under Article 62-2 of the Criminal Act was the Defendant’s reason for sentencing, and the blood alcohol concentration level at the time was very high.

However, considering the fact that the defendant reflects his mistake, and is receiving a proof of alcohol and a medical treatment and preventing recidivism, and that there is no criminal record exceeding a fine, etc., the punishment as ordered shall be determined by taking into account the defendant's age, occupation, family relationship, personality and conduct, etc.