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 July 20, 2016, the Defendant, at the Seoul Western District Court, sentenced a fine of three million won for a violation of the Road Traffic Act (driving) and on January 6, 2017, issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on at least two occasions. However, on June 10, 2019, the Defendant driven a vehicle of three (1k) under the influence of alcohol concentration of about 0.142% in the 1km section, from the roads near the lower end of the Gyeonggi Seo-gu Yan-dong, the Seoul Western District Court around June 10, 2019 to the roads in the same city B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service and Criminal Act, including the blood alcohol concentration in the instant case, the fact that there exists the same previous department, the recognition of and reflects on the crime, etc., shall be determined by taking into account all of the factors of sentencing as indicated in the pleadings of the instant case, such as the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and