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.

Punishment of the crime

On March 11, 2014, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on March 11, 201, and a summary order of KRW 2 million to a fine at the same court on June 12, 2018, respectively.

Nevertheless, at around 21:00 on April 2, 2020, the Defendant driven D low-speed car at approximately 50 meters from the entrance of the “C” parking lot located in Seojin-gu Seoul Metropolitan Government B to the inner seat of the same parking lot. From approximately 50 meters to the inner seat of the same parking lot, the Defendant driven D low-speed car while under the influence of alcohol content of about 0.110%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes concerning investigation status;

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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: Defendant’s same record [the same record of punishment of fines two times more due to the violation of the Road Traffic Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (including the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.), Defendant’s blood alcohol concentration level; Defendant’s place of the crime of drunk driving in the judgment and the situation at the time of the crime of drunk driving (in addition, Defendant’s vehicle without a driver’s license was parked in a vehicle parked in the judgment without a driver’s license; Defendant’s vehicle was tried to leave the workplace without being subject to a non-taxation and non-taxation disposition; Defendant’s age, character and behavior, environment, circumstances after the crime (including reflective attitude) and various sentencing conditions as shown in the trial process are also considered.