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 January 6, 2015, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on March 10, 2017, a summary order of KRW 2.5 million from the Seoul Central District Court to a fine of KRW 1.5 million.

On November 15, 2019, around 00:47, the Defendant violated the prohibition of drinking driving by driving a DNA car, which was not covered by mandatory insurance, at least twice, while under the influence of Article 0.137% of blood alcohol level in the section of approximately 100 meters near “C” located in Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Mandatory insurance policy (record No. 12 pages of evidence);

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report accompanied by summary orders of the same kind of power) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating an automobile not covered by mandatory insurance), and each choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. An order to attend a lecture or an order to attend a community service order to impose a disadvantage on the grounds of sentencing under Article 62-2 of the Criminal Act: A dangerous criminal who may cause an unforeseen behavior not only his/her own but also another person's life and family because his/her drinking driving is highly likely to cause a traffic accident; a circumstance favorable to the defendant who has been punished twice by a fine due to drinking driving: The defendant has no record of being sentenced to a suspended sentence or a heavier punishment; the above circumstances and the sentencing conditions specified in the trial process of this case, including the circumstances after the crime, shall