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 August 7, 2007, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on August 7, 2007, and on November 23, 2012, the above court received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

On July 21, 2019, the Defendant was under the influence of alcohol of 0.223% of blood alcohol concentration at around 23:05, the Defendant driven a dial vehicle owned by the Defendant 2.3 km from the front of the parking lot B located in Seongdong-gu Seoul, Seongdong-gu to the front road of the 71st head of the Gu, the head of the Dong-gu, Seoul, to the front road of the 71st head of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the situation of a driving driver, report on the situation of a driving driver, data from output of drinking instruments, and report on a driving driver;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records and reports thereon) and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The circumstances of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the order to provide community service: A dangerous criminal who, by raising the possibility of a traffic accident, could cause an unforeseen behavior to the life and family of others as well as his/her own, and the risk of drinking driving has been realized by causing a minor accident while driving under the influence of his/her normal driving is difficult, and the defendant has a record of being punished twice by a fine due to drinking driving: The above circumstances and the family relationship of the defendant, and the sentencing conditions shown in the trial process of the instant case, including the circumstances after the crime, shall be determined as per the order.