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 July 15, 2014, the Defendant was given a summary order of a fine of KRW 3 million by the Seoul Northern District Court for a violation of the Road Traffic Act.

On October 3, 2019, around 05:31, the Defendant driven a D car while under the influence of alcohol with approximately 2 km alcohol concentration of about 0.063% from the 2km section from the front of the city of Speaker B to the front of the city of Speaker C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2014, the sentence sentence is determined in light of the distance with the previous penal records, particularly the fact that the blood alcohol concentration in the instant case is 0.063%, taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions as shown in the instant records and arguments.