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 October 6, 2008, the Defendant was issued a summary order of KRW 300,000 as a crime of violating the Road Traffic Act (drinking driving) by the Seoul Southern District Court.

On December 15, 2020, at around 01:05, the Defendant driven a motor device under the influence of alcohol content of 0.085% at a section of approximately 700 meters from the center of the C Safety Center located in Gangdong-gu Seoul Metropolitan Government to the front road of the same Gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A paper of measurement of drinking alcohol;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes governing the same kind of force;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (i.e., committing a crime, committing a crime, having not been punished in excess of a fine, and supporting a pregnant woman, considering extenuating circumstances;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. An order to attend a course under Article 62-2 of the Criminal Act;