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 December 12, 2006, the Defendant was sentenced to a suspended sentence of two years at the Seoul Northern District Court for a violation of the Road Traffic Act.

around 00:19 on August 4, 2019, the Defendant, who had a alcohol driving record, driven a DNA rocketing car with a blood alcohol concentration of about 0.125 km in the section of approximately 2.5 km from the roads adjacent to the Namyang-si, Namyang-si to the roads prior to the Namyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include imprisonment for the same kind of crime, such as drinking, unlicensed driving, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents even before the accused has been punished several times;

Nevertheless, the crime of this case was committed while driving under the influence of 0.125% of the blood alcohol concentration in the second blood.

However, it shall be considered in light of the favorable circumstances that the defendant is recognized as committing a crime and reflects the fact that the defendant disposes of the vehicle by a mistake that does not drive under the influence of alcohol, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.