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

The Defendant, at the Seoul Northern District Court on July 24, 2006, has a record of being sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on November 2, 201, with a record of being sentenced to a summary order of KRW 1.5 million for the same crime at the Suwon District Court on November 2, 201.

On November 23, 2019, while under the influence of alcohol around 04:27, the Defendant driven an Erestex vehicle on the road of approximately five meters from the Ma in Kimpo-si B to the front road located in Kimpo-si C, while driving around 0.106 percent of alcohol level.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Scenic photographs;

1. Previous convictions in judgment: Application of summary order and criminal records statutes;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is an offense in which not only the person himself but also another person's life can be taken, and the crime is not good, and the defendant repeats again even though he had been punished three times due to a violation of the Road Traffic Act.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, there is no history of punishment exceeding the fine, the fact that the defendant has no record of criminal punishment since 2011, and that the driving distance was over five meters, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing specified in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and the execution of the punishment shall be suspended only once.