A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 28, 2008, the Defendant was sentenced to a suspended sentence of four months by violating the Road Traffic Act (drinking driving), etc. at the Seoul Southern District Court (Seoul Southern District Court). On May 10, 2012, the Defendant was issued a summary order of five million won by the same court as a violation of the Road Traffic Act (drinking driving).

Nevertheless, around November 6, 2017, around 07:17, the Defendant driven a DSS5 vehicle under the influence of alcohol content of 0.154% from the front route of the Gangseo-gu Seoul Metropolitan Government 66 Gangseo-gu Community Center to approximately 673-14, Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, Seoul, with a alcohol content of about 500 meters during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has a criminal record of probation due to drinking driving, and that the drinking volume is high, etc. are disadvantageous to the defendant.

However, there are favorable circumstances such as the absence of criminal power other than drinking driving, the absence of occupation, and the absence of social ties such as normal family life.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age and sexual behavior, shall be imposed on the Defendant, but the execution of the sentence shall be suspended on the condition that he/she will provide community service and attend a compliance driving lecture.

It is so decided as per Disposition for the above reasons.