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

[criminal power] On November 10, 2015, the Defendant was issued a summary order of KRW 1 million at the Seoul Northern District Court for a violation of the Road Traffic Act (driving). On January 8, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime at the Jung-gu District Court.

【Criminal Facts】

On September 12, 2019, around 04:03, the Defendant violated the provision prohibiting drunk driving on two or more occasions by driving E-5 cars under the influence of alcohol concentration of about 0.128% in the section of about 500 meters from the roads near C in Seoul Special Metropolitan City, Nowon-gu to the front roads of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of a copy of judgment or the 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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment on two occasions due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, in light of the fact that the defendant has recognized his own crime and reflected, traffic accidents have not occurred due to the crime of this case, the distance of the defendant's driving is not relatively long, and there are no criminal records that exceed the fine of the defendant, and other factors of sentencing as shown in the trial of this case, such as the age, character and conduct, intelligence, environment, family relations and circumstances at the time of the crime, etc., the punishment shall be determined as ordered.