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 30, 2007, the Defendant was issued a summary order of KRW 700,000 by the Seoul Western District Court as a crime of violating the Road Traffic Act.

On November 27, 2019, at around 20:48, the Defendant driven a motor vehicle in the Esp-type under the influence of alcohol content of about 0.093% from the 30-meter section from the front of the Mutual Insponsive House B, located in C, to the front of the D-type, located in C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports;

1. Relevant legal provisions of the Act and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had a history of criminal punishment once due to the violation of the Road Traffic Act, and the drinking driving is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself, and that there is a need for punishment corresponding thereto, which is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and is against the defendant, and that there is no record of criminal punishment in addition to the fine imposed in 2007.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.