A defendant shall be punished by imprisonment for not less than eight 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 March 2, 2007, the Defendant was punished by a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on March 2, 2007, and a fine of 2.5 million won at the Seoul Central District Court on May 24, 201.

On June 7, 2019, at around 02:11, the Defendant driven a motor vehicle Ehoman in the state of alcohol 0.130% of blood alcohol concentration at approximately 80 meters from the front of the “C” restaurant located in Seongbuk-gu Seoul Metropolitan Government, to the front of the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, investigation reports, and the results of crackdown on drinking driving;

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. 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 Social Service Order Criminal Act had been sentenced to a fine three times due to drunk driving, but again carried out drinking driving in this case, so 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 has not occurred due to drinking driving.

Family support is not good in the health condition of the defendant, and in a situation where economic difficulty is difficult.

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.