A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 8, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court) and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) on May 7, 2019.

Criminal facts

On November 1, 2020, the Defendant driven an E QM6 vehicle under the influence of alcohol content 0.191% while under the influence of alcohol content 0.191%, from the nearest road in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul to the front road in Sungnam-gu D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Defendant’s legal statement, reporting on the circumstances of driving, reporting on the circumstances of drivers of driving, and inquiry into the results of regulating drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of the same Act and subordinate statutes confirming the same history;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, once again committed the instant crime of drinking alcohol driving even though the Defendant had been punished for driving alcohol twice.

However, the punishment as ordered shall be determined by taking into account the favorable circumstances such as the defendant's age, sex, environment, motive and means of committing a crime, etc., which reflects the fact that the defendant's mistake is seriously against the defendant, and that there is no criminal record exceeding the fine, etc.