A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On April 22, 2011, the Defendant was sentenced to a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on April 22, 201; on May 20, 2011, the Seoul Central District Court issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act; and on December 7, 2016, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Seoul Central District Court on December 7, 201.

Criminal facts

Around 05:07 on July 8, 2019, the Defendant driven a e-benz car at approximately 500 meters from the front of the Seoul Songpa-gu B market to the Drack distance located in Songpa-gu C while under the influence of alcohol content of 0.149%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of three copies of judgment;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the part of the defendant is that the defendant driving a vehicle while under the influence of alcohol, even though he had a record of criminal punishment for multiple times including a suspended sentence due to drinking driving, and the defendant's liability for the crime is not exceptionally applied.

However, considering the fact that the defendant recognized the crime of this case and reflected the mistake in the circumstances favorable to the defendant, the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all other circumstances which form the conditions for sentencing as shown in the records of this case and the trial process shall be determined as per the order, comprehensively taking into account.