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 July 19, 2017, the Defendant was issued a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act (driving on Motor Vehicle) in the Goyang Branch of the District Court of Jung-gu.

On November 22, 2019, at around 03:00, the Defendant driven a BMW car with approximately KRW 0.163% alcohol concentration at the 6km section of the Seoul Seocho-gu, Seocho-gu, Seoul, up to the access road to the high-priced road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation, a report on the situation of a drinking driver, a report on the measurement result of drinking, and an appraisal report on the blood alcohol concentration;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (Attachment of judgment);

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 fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act; the defendant re-driving with alcohol despite having the record of punishment for drunk driving; the time interval with the same crime; the defendant's blood alcohol concentration; driving distance; the defendant's facts charged are recognized and reflected; the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered, taking into consideration the following factors.