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 September 15, 2017, the Defendant was sentenced to a suspended sentence of two years at the Seoul Central District Court for a violation of the Road Traffic Act.

On June 24, 2020, at around 02:06, the Defendant driven the B knife car with approximately 0.134% alcohol level 0.134% under the influence of alcohol level over the section of about 35 km from the road near the structural frame of Pyeongtaek-si in Pyeongtaek-si to the road located in Sinsi-ro 128-48 (Spoon-dong).

As a result, the Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal history records, investigation reports (applicable to the suspect's previous records and confirmation reports);

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.