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 November 11, 2015, the Defendant issued a summary order of 2.5 million won at the Suwon District Court for a fine of 5 million won for a violation of the Road Traffic Act (driving) and on March 2, 2016, for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

On June 4, 2019, at around 06:30, the Defendant driven a blood alcohol 0.145% under the influence of alcohol with approximately KRW 1 km Esch Rexroth car from the fluoral population B below the fluoral population B to the front of D in C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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 Code of the Order of Education and the Order of Community Service committed a second offense despite the fact that the Defendant had already been punished for drinking driving twice, the blood alcohol concentration of the instant case is considerably high, and the occurrence of traffic accidents are disadvantageous to the Defendant.

However, in light of the fact that the defendant is recognized as committing a crime and is against the law, all of the above criminal records are punished by a fine, there is no other penalty power, and there is no other person than the defendant due to a traffic accident, the sentence of the defendant's punishment is somewhat harsh.

In full view of all the sentencing circumstances shown in the records of this case including the above circumstances, the execution of imprisonment for the defendant shall be suspended, but the above order to add the lecture order and the community service order to give an opportunity to reflect.