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 4, 2013, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the District Court of Jung-gu.

On September 15, 2019, at around 00:20, the Defendant driven D Co., Ltd. with approximately 500 meters section from the Newdong, Yangcheon-gu Seoul Metropolitan Government to the front road located in Yangcheon-gu Seoul Metropolitan Government C, while under the influence of alcohol concentration of about 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (verification of criminal records of the same kind);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of 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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind, at the time interval from the previous conviction of the same kind, the defendant's blood alcohol concentration, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime