A defendant shall be punished by imprisonment with prison labor for up to six months.

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 December 22, 2010, the Defendant, at the Seoul Northern District Court, was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving). On October 18, 201, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on February 2, 201, respectively.

At around 11:30 on April 7, 2019, the Defendant driven a rocketing car from approximately 100 meters from the front of the convenience store in Dongdaemun-gu Seoul to the front of the same Gu, while under the influence of alcohol content of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Although the Defendant had been punished several times by a fine due to drinking driving under Article 62(1) of the Criminal Act, since he/she again conducted drinking driving in this case, the Defendant needs to be punished corresponding thereto.

However, the defendant's mistake is divided and reflects his wrong and does not repeat the same mistake, and there is no heavy criminal punishment exceeding the fine prior to the instant case.

The occurrence of a traffic accident caused by drinking driving has not occurred.

The defendant has a disability, is in an economically difficult state, and is not good for the mother's health condition.

Taking into account such circumstances and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, the court decides to trust the Defendant’s identity only once and to suspend the execution of the above imprisonment. The sentence is determined as per Disposition.