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 November 20, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on January 27, 2015, respectively.

On May 29, 2019, the Defendant was under the influence of alcohol with 0.251% of blood alcohol concentration on May 29, 2019, and was driving a DNA car up to the front way of “C” located in Songpa-gu Seoul, Seongbuk-gu Seoul.

As a result, the defendant violated the prohibition of drinking driving more than twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to the request for appraisal;

1. Previous records of judgment: Application of criminal records, investigation reports (former records and attachment of a copy of judgment) and 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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;