A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 13, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court.

On September 4, 2020, around 21:43, the Defendant driven a motor vehicle with low alcohol level of 0.079% under the influence of alcohol level from approximately 10km to the front road of the housing located in Hongcheon-gun, Gangwon-do, Hongcheon-gun, Gyeonggi-do.

As a result, the Defendant was driving a motor vehicle in violation of the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Act, even though the Defendant had been punished for drinking driving in 2013, committed another crime.

The alcohol concentration level at the time of blood is considerably high.

However, the punishment shall be determined as ordered by comprehensively considering the following factors, such as the fact that the defendant is against the defendant, the crime of drinking alcohol, the fact that there is a time interval of not less than seven years, and the age, sex, environment, circumstances, circumstances of the crime, and circumstances after the crime.