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 became final and conclusive.

Punishment of the crime

On August 22, 2011, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Seoul Western District Court.

On January 8, 2020, at around 23:13, the Defendant driven C-II cargo under the influence of alcohol concentration of about 0.098% in the 2km section from the frolley in the vicinity of the Gungdong of Eunpyeong-gu Seoul to the front road of Seodaemun-gu Seoul Western-gu Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2010Du111);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;