The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 23, 2008, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

On July 28, 2019, around 23:50, the Defendant driven the E 3-car under the influence of alcohol with approximately KRW 700 meters alcohol concentration of 0.118% from the road near C in Yongsan-gu, Manyang-si, Goyang-si to the road front of the D building in Goyang-si, Manyang-si.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to the previous disposition, the report on the result of confirmation, and attached summary order;

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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The numerical value of an order to attend a course of education under Article 62-2 of the Criminal Act, the frequency of blood alcohol concentration in the same kind of crime shall be determined as the order, taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, etc.