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 May 14, 2010, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court, and a summary order of 2 million won by a fine at the Seoul Central District Court on April 29, 2013.

On September 14, 2019, at around 21:15, the Defendant driven CM6 car while under the influence of alcohol level of about 0.162% in the 5km section from Dongdaemun-gu, Seoul to the front road of Seongdong-gu apartment complex B.

The Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the regulation of drinking driving, and records of the measurement of drinking;

1. Report of investigation (disorderd application);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate 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. An order to attend a lecture or an order to attend a community service order to impose a disadvantage on the grounds of sentencing under Article 62-2 of the Criminal Act: A dangerous criminal who, by raising the possibility of traffic accidents, may cause unexpected behaviors to the life and family of another person as well as his/her own, as well as a dangerous criminal; the defendant was punished by a fine of 1 million won in 2001, a fine of 1 million won in 2005, a fine of 1.5 million won in 2010, a fine of 1.5 million won in 2010, a fine of 2010, a fine of 2 million won in 2010, and a fine of 2 million won in 2013, but again commits the crime of drinking alcohol again; the defendant's blood alcohol concentration is relatively more favorable: The defendant is divided by mistake; there is no history of punishment heavier than a suspended sentence; and the sentencing conditions in the trial process of this case