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 July 24, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Seoul Western District Court.

On July 9, 2019, the Defendant driven DK5 vehicles under the influence of alcohol with approximately 0.058% of alcohol concentration in the section of about 20km from the section of approximately 20km to the front road of the “C” located in Seocheon-si, Yongsan-gu, Seoul.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation status;

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. 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 consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime of the same kind despite the record of criminal punishment once due to the instant crime of violation of the Road Traffic Act, and there are no special circumstances to consider in light of the circumstances surrounding the Defendant’s driving at the time of the instant crime, and driving under the influence of alcohol is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself, and there is a need for the corresponding punishment.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, various factors of sentencing, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and circumstances after the crime, are shown in the records and arguments in this case.