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 April 16, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on April 16, 2012. On March 16, 2017, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act.

On September 18, 2018, at around 01:30, the Defendant driven a BMW car in the direction of approximately 50 meters alcohol concentration from the street in front of the cafeteria cafeteria, Seoul, Nowon-gu, Seoul, to the road before the Seoul Northern District Court.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the driver who takes charge;

1. Investigation report (main investigation report);

1. Inquiries about the results of crackdown on drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in driving drinking repeatedly even though the Defendant had been sentenced twice or more due to driving of drinking, so it is necessary to punish the Defendant for the purpose of preventing recidivism.

It is relatively recent that punishment has been imposed, and the alcohol concentration in blood is also high at the time.

However, it shall be considered in favor of the defendant that the defendant has not been punished for a suspended sentence or heavier due to drinking driving, and that the distance from driving under drinking is short.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other conditions of sentencing as shown in the arguments of this case shall be determined as the disposition.