The imprisonment with prison labor for the accused shall be determined by one year and two months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 9, 2011, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million from the same court on November 29, 2012 to a fine for the same crime, respectively.

At around 20:50 on September 1, 2019, the Defendant driven approximately one meter of the Done Starex passenger car on the front of the restaurant in Gwanak-gu, Seoul Special Metropolitan City, while under the influence of alcohol by 0.209% of blood alcohol concentration.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. To apply criminal records, inquiry reports, and each summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation [It shall be considered that the crime has occurred when driving under the third influence of alcohol or driving under the short distance and temporarily parked];

1. Article 62 (1) of the Criminal Act;