A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 20, 2006, the Defendant received a summary order of a fine of KRW 700,000,000 from the Seoul Western District Court due to the same crime as a crime of violating the Road Traffic Act (drinking driving), and on August 20, 2012 at the Seoul Western District Court.

On November 28, 2020, the Defendant driven a FMW 520d car under the influence of alcohol content 0.041% in blood while under the influence of alcohol content 0.041% from the roads in front of C Station C located in D at the same time as D on November 28, 2020.

As a result, the Defendant was driving a motor vehicle in violation of the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstances of the driver in charge of drinking and statement of the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Application of respective Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, and a report on the result of confirmation of the previous conviction of the disposition (a summary attachment of an order);

1. Article 148-2 (1) of the Act applicable to the pertinent criminal facts and Article 148-2 (3) 1 of the Act on the Selection of Punishment of Road Traffic (hereinafter “Road Traffic Act”) appears to be an error in light of the facts charged, and thus ex officio is reasonable.

Article 44(1), Selection of Imprisonment

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was punished for drinking driving two times, and driving under drinking again.

However, the drinking value of the instant crime is relatively low and the distance of drinking driving is short.

At least eight years have passed since the defendant was punished for driving alcohol.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the disposition.

It is so decided as per Disposition for the above reasons.