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 March 11, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch, and a fine of KRW 5 million for the same crime, etc. at the Seoul Southern District Court on December 20, 2012.

Nevertheless, at around 07:10 on October 4, 2019, the Defendant, while under the influence of alcohol of 0.137% of the blood alcohol concentration, driven a car with C Sti-type car from the alleyway near Mapo-gu Office in Mapo-gu, Seoul to the front road in Yeongdeungpo-gu, Seoul.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the situation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, and investigation reports (attached to judgment);

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Determination of the same sentence as the order shall be made, taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) the circumstances leading to drinking alcohol driving; (c) the measurement of drinking alcohol; (d) the previous and second times (201/2012); (c) the risk of re-offending; and

It is so decided as per Disposition for the above reasons.