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 27, 2013, the Defendant issued a summary order of KRW 4 million at the Seoul Central District Court as a crime of violation of the Road Traffic Act.

On July 24, 2020, at around 00:14, the Defendant driven a public parking lot with no knowledge of a number below the Mapo-gu Seoul Metropolitan Drawingdong from around 3-4 km section to the inside circulation in the same Seongdong-dong to the Yeung road, with a blood alcohol concentration of about 0.109%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's legal statement, state-taking drivers, investigation reports on circumstantial statements, criminal records, investigation reports (report on criminal records against the accused), investigation reports (report on confirmation of criminal records of the suspect), and summary order reports;

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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he was punished for drinking driving once, was also driving under the influence of drinking.

On the other hand, the drinking driving of the instant case did not lead to a traffic accident, and the Defendant said that he would not avoid such a mistake again after selling the vehicle.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the arguments.