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 July 18, 2014, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Seoul Eastern District Court.

On December 27, 2019, at around 03:37, the Defendant driven a car with Cenz CLA250 in the state of alcohol alcohol concentration of about 0.148% in the section of approximately 1.5 km up to the road near the river basin located in Gangnam-gu Seoul Metropolitan Government until the previous road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and investigation report (verification of blood alcohol concentration, driving distance, etc.);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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;

1. The second sentence of Article 62-2 of the Criminal Act of the order to attend lectures is very high in blood alcohol concentration at the time of driving under influence of alcohol.

However, the fact that the defendant reflects his mistake, returns leasing vehicles, etc., and the fact that there is no other criminal records, other than once a fine due to a drunk driving in the judgment, etc., are considered as favorable to the defendant. In addition, the defendant's age, occupation, family relationship, personality and behavior, living conditions, etc. as shown in the trial process of this case shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age