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 5, 2010, the Defendant was notified of a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on July 5, 201, and on April 12, 201, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) in the leisure branch of Suwon District Court on April 12, 201.

Criminal facts

On July 29, 2019, at around 22:00, the Defendant driven a FMW car under the influence of alcohol with approximately 0.115% alcohol concentration at approximately 100 meters in front of the “E beauty room” road located in Gyeonggi-gun D, the Defendant driven a FMW car in the influence of alcohol at approximately 100 meters.

Accordingly, the defendant violated the prohibition of driving under the influence of alcohol provided by the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a suspect in violation of the Road Traffic Act;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (examination of confirmation of identical criminal records and interpretation of applicable provisions of Acts and subordinate statutes);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished for drunk driving twice, he again driven alcohol again, and the degree of blood alcohol concentration at the time of committing the crime was high.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.