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 June 4, 2015, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by a fine of KRW 1 million by a fine of KRW 1 million on November 19, 2018 from the Incheon Northern District Court's Branch Branch Branch of the Incheon District Court for a crime of violation of the Road Traffic Act.

Around 02:25 on June 9, 2019, the Defendant driven CMW car at approximately 5 km from the area near the 6 Red Zone to the front road of Seodaemun-gu Seoul, Mapo-gu, Seoul, with the alcohol level of 0.240%.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, request for appraisal of blood alcohol concentration, inquiry into the results of the control of drinking driving, and request for appraisal;

1. Investigation report (official application of the Ba mark);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [unfavorable circumstances] The defendant driving a motor vehicle under the influence of alcohol in the past, even though he/she had a record of punishment for drinking driving twice in the past. The nature of the crime is not good.

Moreover, the blood alcohol concentration at the time of the instant crime is very high.

[Modern circumstances] The defendant is able to not repeat again by breaking his mistake in depth.

There was no additional damage at the time of drinking driving.

There is no history of criminal punishment against the defendant beyond a fine.

The defendant's main figures and employees want the defendant's wife against the defendant, etc.