A defendant shall be punished by imprisonment for a term of one year and two months.

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

[criminal power] On July 31, 2015, the Defendant issued a summary order of KRW 1 million at the Seoul Eastern District Court for a crime of violating the Road Traffic Act (driving). On March 21, 2016, the Defendant issued a summary order of KRW 4 million for the same crime at the Seoul Central District Court.

【Criminal Facts】

On August 15, 2019, at around 02:12:00, the Defendant driven Cra-car from around 3 km to the roads near Jongno-gu Seoul Metropolitan Government, along the influence of alcohol level of 0.153%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, and circumstantial statement of the drinking driver;

1. Records before judgment: Criminal records, etc. and the application of relevant summary order Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment on two occasions due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, the punishment is determined as ordered in consideration of various sentencing factors in the trial process of this case, such as the defendant's age, character and behavior, intelligence and environment, family relationship, circumstance at the time of the crime, etc.