A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 30, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on January 30, 2015; on June 24, 2015, a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on June 24, 2015; on October 28, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 years for six months for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 28, 2015; and on August 2, 2016, a fine of KRW 10 million for a crime of violating the Road Traffic Act (driving).

[2] On August 31, 2018, Defendant 1, who violated the foregoing provision prohibiting driving of alcohol twice or more, driven a DNA code car under the influence of alcohol with approximately 0.104% alcohol content around 200 meters around the 10-lane 606-ro 10, Jin Park Gyeong-dong, Sung-gu, Sungnam-si, Sung-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection and a report on the circumstances of the principal driver;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of criminal history of the same kind), and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Imprisonment with prison labor for a year and six months;

2. Determination - Imprisonment shall be chosen in consideration of one year of imprisonment, and two years of probation, the criminal defendant's records of drinking driving over several times.

However, it shall be considered in favor of the defendant's confession, and the fact that the defendant returned another vehicle to the company and subsequently does not repeat the crime while using public transportation, etc.

In addition, the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and result of the crime, and circumstances after the crime.