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 November 14, 2011, the Defendant was issued a summary order of KRW 1 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

Nevertheless, the Defendant, while under the influence of around 23:20 on August 19, 2019, driven a dnish-do car from around about 300 meters from the vicinity of Gangseo-gu Seoul to the front road of the same Gu, while driving a dnish-do car from around 0.103% of alcohol level.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the duty of prohibition on driving under the influence of alcohol twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning 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 consideration the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) the background of drinking alcohol driving; (c) the degree of a fine for drunk driving; (d) the previous two times (201/2003); (d) the risk of re-offending; and

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