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 March 15, 2013, the Defendant issued a summary order of KRW 1.5 million at the Seoul Eastern District Court as a violation of the Road Traffic Act (driving).

According to evidence around 00:00 on December 13, 2019, the Defendant’s blood alcohol driving time is 00:00 on December 13, 2019, and 3:33 on December 13, 2019, written in the indictment, is a drinking measuring time, and thus, correction is made accordingly.

From approximately 600 meters away from the roads of Southyang-si to the front side of South Yangyang-si, DWz car was driven with 0.089% alcohol concentration in alcohol.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. Reports on internal accidents (demark);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 defendant has a record of being punished for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.089%.

However, in light of the above circumstances, considering the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and the criminal records, etc., the punishment as set forth in the order shall be determined by comprehensively taking into account all the circumstances such as the following circumstances.