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 July 27, 2018, the Defendant was issued a summary order of KRW 3 million by the Seoul Eastern District Court as a crime of violating the Road Traffic Act.

On December 18, 2019, at around 05:30, the Defendant driven a Category C car while under the influence of alcohol leveling 0.030% of blood alcohol level at approximately 2 km from the Do in front of the Namyang-si, Seoul, the Do to the 26 Saturdays in the Guri-si, the Do.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of 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. The defendant has a record of being punished for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.030%.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.