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.

On April 18, 2008, the Defendant was issued a summary order of KRW 2 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.

Criminal facts

On October 20, 2019, around 00:44, the Defendant driven a Dpoter II cargo vehicle with approximately 20 meters alcohol concentration of about 0.174% in the section of about 20 meters from the front of Gwangjin-gu Seoul to the front of the same Gu C.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. All documents related to drinking, such as a report on detection of a drinking driver (Evidence No. 4);

1. Reports on internal investigation (field investigation and CCTV verification), and reports on internal investigation (official application of the Ba mark);

1. Scenes images for crime prevention and on-site photographs;

1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same type of power), such as criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant driving a vehicle under the influence of alcohol even though he/she was subject to criminal punishment (one time a fine) due to drunk driving, and the defendant's liability is not minor.

However, considering favorable circumstances, such as the defendant's recognition of the crime of this case and reflects the mistake, the short distance of drinking driving, and the fact that there was no record of criminal punishment exceeding the fine, etc., the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all other circumstances, which form the conditions of sentencing as shown in the trial process, such as the circumstances after the crime, shall be determined as the sentence as ordered.