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 August 13, 2007, the Defendant was punished by a fine of KRW 700,000 for a violation of the Road Traffic Act, and a fine of KRW 1.5 million for the same crime at the Seoul Northern District Court on November 30, 201.

On September 2, 2019, at around 02:17, the Defendant violated the prohibition of drinking driving on at least two occasions by driving Crens car under the influence of alcohol concentration of 0.095% on the front of the Seoul Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry of the results of crackdown on drinking driving, and control details;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though he/she had been punished twice due to drinking alcohol driving, once again, was engaged in drinking alcohol driving in this case. Therefore, the defendant needs to be punished corresponding thereto.

However, the defendant has been able to repent and reflect his mistake, and not repeat the same mistake.

The occurrence of a traffic accident has not occurred due to drinking driving.

The defendant is in an economically difficult situation, and he lives out of the family.

Considering these circumstances and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, and environment, the Defendant’s beliefing that the Defendant’s situation is different once again and the execution of the above imprisonment is suspended, the sentence is determined as per Disposition.