Defendant shall be punished by imprisonment for a term of one year and two months.

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 August 26, 2019, the Defendant filed a summary order with Seoul Southern District Court as a crime of violation of the Road Traffic Act.

On August 31, 2019, at around 00:04, the Defendant driven a rocketing car from around 30 meters from the front day of the Gangnam-gu Seoul Northern District to the front day of the same Gu, while under the influence of alcohol content of 0.161%.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (attached to the same type of crime);

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. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Since the defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was discovered once a drunk driving and again was planned to be punished, the defendant needs to be punished accordingly.

However, the defendant has divided and reflected his mistake, and has not repeated the same mistake, and prior to this case, there is no record of criminal punishment other than detection of drinking driving once.

Although a substitute driving has been used, the defendant seems to have been driven at the expense of driving, and the occurrence of a traffic accident has not occurred due to the drinking driving.

The defendant is economically difficult.

Taking into account such circumstances and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, the court decides to trust the Defendant’s identity only once and to suspend the execution of the above imprisonment. The sentence is determined as per Disposition.