A defendant shall be punished by imprisonment for not less than eight months.

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 December 28, 2012, the Defendant was punished by a fine of KRW 4 million for a violation of the Road Traffic Act, and a fine of KRW 5 million for the same crime at the Seoul Northern District Court on February 7, 2017.

On May 17, 2019, at around 00:34, the Defendant driven a DNA 2 cargo vehicle while under the influence of alcohol content of 0.182% at approximately 900 meters from the front road of Seongbuk-gu Seoul Metropolitan Government to the front road of the same Gu C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

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

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 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 had been sentenced to a fine twice due to drinking driving, etc., but again carried out drinking driving in this case. Therefore, the defendant needs to be subject to corresponding punishment.

However, the Defendant’s mistake is divided and reflected that he will not repeat the same mistake, and there is no heavy criminal punishment that exceeds the suspension of the execution of imprisonment prior to the instant case.

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

Defendant is living alone in an unmarried manner.

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.