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 April 16, 2018, the Defendant was notified of a summary order of a fine of KRW 3 million for a crime of violation of the Road Traffic Act by Seoul Southern District Court.

Criminal facts

On December 07, 2019, the Defendant, while under the influence of alcohol of 0.123% of blood alcohol concentration at around 03:20 on December 07, 2019, driven a B-low-income car at approximately 2km from the influent land of Gangseo-gu Seoul Metropolitan Government to the 236th degree of village, such as Seoul, Yangcheon-gu.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, certificate of drinking measurement, and control manual;

1. Previous convictions indicated in the judgment: Application of one copy of the inquiry report on criminal records, and one copy of the summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.