A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 12, 2009, the Defendant was sentenced to a fine of KRW 3 million by the Seoul Western District Court for a violation of the Road Traffic Act (driving), and a fine of KRW 7 million by the Incheon District Court for the same crime on August 6, 2013, respectively.

On May 1, 2017, at around 23:50, the Defendant driven a passenger car with alcohol level of 0.234% while under the influence of alcohol level of 0.234% in the blood, from the back of Gangseo-gu Seoul Metropolitan Government Gangseo-gu, to the front side of the Gangseo-gu Seoul Metropolitan City Gambro 138, and from around 300 meters to the new entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. A previous conviction: Application of a written inquiry and a written reply;

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 fact that there exists a history of punishment four times due to the driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that there is no previous record exceeding the fine, the amount of alcohol concentration in blood is considerably high, the fact that the defendant has been acting as an agent before driving of drinking, and other circumstances, such as the circumstances of driving, distance of driving, and circumstances after the crime, etc.