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 September 5, 2007, the defendant was issued a summary order of a fine of three million won at the Seoul Southern District Court due to a violation of the Road Traffic Act (Refusal of measurement).

On September 28, 2019, the Defendant violated Article 44(1) or (2) of the Road Traffic Act by driving a FG90 vehicle under the influence of alcohol concentration of 0.048% on the front of the D cafeteria located in Scheon-si, Macheon-si, D, by driving the FG90 vehicle at least twice under the influence of alcohol level of 0.048%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was sentenced to punishment for a violation of the Road Traffic Act (Refusal of measurement) around 2007, the sentence shall be determined by taking into account the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case is 0.048%; and (c) the Defendant’s consciousness wishes to dismiss the Defendant’s wife; and (d) other various sentencing conditions shown in the records and arguments, such as the Defendant’s age and character, personality and conduct, family relationship; (b) motive and means of the crime; and (c) the circumstances after the crime, and the prosecutor’s life sentence (three years of suspended execution for two years).