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

[criminal power] On June 12, 2009, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and on June 10, 2010, issued a summary order of KRW 3 million as a fine at the Seoul Central District Court.

【Criminal Facts】

On July 29, 2019, the Defendant was under the influence of 00:36% of blood alcohol concentration of 0.16%, and was driving the Coldo vehicle at the 20km section from the front of the Badong-dong in Yangcheon-gu Seoul to the front of the Seoul Seongbuk-gu Seoul.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment on two occasions due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, there are no criminal records other than the criminal records in the decision that the defendant has been punished by a fine until 2010, and other factors of sentencing in the trial process of this case, such as age, character and conduct, intelligence and environment, family relationship, circumstances at the time of the crime, etc., such as the defendant's age, character and behavior, intelligence and environment, family relationship, etc., shall be determined as ordered by taking into account the following factors of sentencing.