A defendant shall be punished by imprisonment for one year.

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 April 3, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court, and on September 29, 2017, issued a summary order of KRW 5 million for the same crime, etc. at the Seoul Northern District Court.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on April 2, 2019, at around 02:29, the Defendant driven a D-Wz GLE car in the state of alcohol alcohol concentration of about 2km from around 0.112% in the section of approximately 2km to the front road located in C in the same city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (reports attached to the same criminal record and summary order), and application of two Acts and subordinate statutes attached to the summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: One to three years of imprisonment;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.112%, driven a car at about 2 km under the influence of alcohol.

The Defendant committed the instant crime at the time three years have not passed since April 2017 and around September 2017, despite the power to be punished for the violation of each Road Traffic Act (driving). The Defendant committed the instant crime, and the commission of the accident caused by the restaurant fence at the time of drinking.

The records and arguments of this case, such as the blood alcohol concentration, driving distance, details of previous punishment records and distance thereof, and the age and character of the defendant, family relationship, motive and means of the crime, and circumstances after the crime, are shown.