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 March 24, 2010, the Defendant received a summary order of KRW 3 million from the Jeonju District Court to a fine of KRW 1,500,000 for a violation of the Road Traffic Act, and on June 16, 2014, the same court received a summary order of KRW 2,50,000 for a fine of KRW 2,50,00 for a violation of the Road Traffic Act.

On January 5, 2020, at around 23:30, the Defendant driven a FMW 520d car under the influence of alcohol concentration of approximately 500 meters from the Do in front of the “C” restaurant in the Yansan-gu Seoul Metropolitan City to the front road of the “E” restaurant in the same Gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: Criminal records, etc. and the application of each summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (Selection of Imprisonment or imprisonment);

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

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

1. The punishment as ordered shall be determined by taking comprehensive account of the reasons for sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration and driving distance, the same kind of punishment power (two times a fine) and different kinds of punishment, and other various circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, environment and family relationship;