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 May 19, 2016, the Defendant was sentenced to a fine of KRW 1.5 million by the Seoul Southern District Court for a violation of the Road Traffic Act.

On July 15, 2020, around 23:25, the Defendant driven B motor vehicle under the influence of alcohol concentration of 0.185% from the front of the restaurant on the mutual non-fluent cafeteria in Gangnam-gu Seoul Metropolitan Government Seo-dong to the roads of 113 (Ompic as the Olympic Games) with the Seoul Yeongdeungpo-gu Labor.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report, notification on the results of the control of drinking driving, and details of handling reported cases;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of statutes governing judgment;

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

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

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

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.