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 August 19, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

On March 25, 2020, at around 01:20, the Defendant driven an Epoter II cargo vehicle while under the influence of alcohol leveling 0.224% from the road near the C restaurant parking lot located in Gwanak-gu in Seoul Special Metropolitan City to the same D neighboring road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection and a report on the fact-finding of a driver and a statement of the driver;

1. Notification of the results of the crackdown on drinking driving, and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, reply reports, investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes of a copy of summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was determined in consideration of the following circumstances: (a) the Defendant re-driving without being aware of the history of punishment twice due to drunk driving; and (b) the degree of blood alcohol concentration and driving distance, etc.