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 May 19, 2015, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Western District Court, and on January 26, 2017, the Seoul Western District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

On December 15, 2019, at around 23:18, the Defendant driven a DNA-free car with a blood alcohol concentration of about 0.084% from the parking lot in the Dongjak-gu Seoul Metropolitan Government B market to the front road in the Dongjak-gu Seoul Metropolitan Government, while under the influence of alcohol level of about 500 meters.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the results of the control of drinking driving, and investigation report ( replys to written appraisal of blood alcohol of a suspect);

1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of each summary order;

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 fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act; the defendant re-driving with alcohol despite having the record of punishment for drunk driving; the time interval with the same crime; the defendant's blood alcohol concentration; driving distance; the defendant's facts charged are recognized and reflected; the defendant's age, character and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.