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, 2016, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act by Seoul Southern District Court.

On November 22, 2019, at around 21:16, the Defendant driven a DNA car with a blood alcohol concentration of about 0.044% from the 150-meter section from the front of the Gurisi Building to the front road of the Gurisi apartment.

Summary of Evidence

1. Report on the accused's statutory statement in violation of the Road Traffic Act, inquiry into the results of the regulation of drunk driving, the report on the situation of drunk driving, the report on the state of his/her oral statement, and investigation report (report on the state of his/her driver);

1. Criminal history records, reply reports (A), investigation reports (Attachment to the summary order of the same kind of case), and application of Acts and subordinate statutes of the 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. In addition, even though the Defendant had been punished for a violation of the Road Traffic Act (driving) around 2016, the Defendant committed the instant crime.

However, considering that the Defendant’s blood alcohol content as 0.04% at the time of the instant case is relatively low, and that the driving distance is only 150 meters as the indictment itself.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.