A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On July 25, 2017, the Defendant was notified of a summary order of KRW 5 million in the Seoul Western District Court due to a violation of road traffic law (driving), and was sentenced to a fine of KRW 6 million in the same court on December 13, 2018.

around 03:55 on September 4, 2020, the Defendant driven a D-to-pur-purged car with a alcohol concentration of about 0.167% from around 350 meters to around 03:57 on the same day from the front day of Mapo-gu Seoul, Mapo-gu Seoul.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The defendant's report on the circumstances of the driver who takes charge of making the oral statement;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Articles 148-2(1) and 444(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and the observation of protection;