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 November 7, 2011, the Defendant was issued a summary order of KRW 1.5 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

On June 1, 2020, at around 04:19, the Defendant driven a C-car while under the influence of alcohol of about 0.142 percent of blood alcohol concentration on the front road of the Geumcheon-gu Seoul Metropolitan Government Gyeyang-dong Round from a two-km section to the roads B on the roads of Yangcheon-gu Seoul Metropolitan Government.

Accordingly, 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. Notice of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and control manual;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the 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 details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.