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 May 7, 2008, the Defendant issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on May 7, 2008, and a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on August 14, 2009.

Nevertheless, at around 21:27 on October 21, 2019, the Defendant, while under the influence of alcohol at around 23:27, driven Daba in approximately 2km from the roads adjacent to the transmitting station of Gangseo-gu Seoul Metropolitan Government to the roads prior to the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of summary order;

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 account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) the circumstances leading to drinking alcohol driving; (c) the measurement of drinking alcohol; (d) the previous and second times (2008/209); (c) the risk of re-offending; and

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