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 October 1, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine at the Seoul Central District Court on December 27, 2012.

On February 13, 2020, around 22:38, the Defendant violated the prohibition of drinking driving by driving Csch Rexton automobiles at a level of about 130 meters alcohol concentration at about 0.073% under the influence of alcohol at around 130 meters from the Gangdong-gu Seoul Metropolitan Government B apartment door to the first underground parking lot for the same apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, reports on the occurrence of traffic accidents, reports on the detection of drinking drivers, reports on the exposure of drinking drivers, reports on the state of drinking drivers, pulmonology records, and investigation reports (specific driving distance);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing such as order to provide community service and order to attend a lecture is to increase the possibility of traffic accidents, thereby causing a dangerous criminal who could not be able to do so to the life and home of others as well as his own, the risk of drinking driving is realized by causing an accident while driving under the influence of his own, the defendant has a record of being punished three times by a fine due to drinking driving, and the sentencing conditions in the trial process of this case, including the circumstances after the crime, etc., shall be determined as per the order.