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 November 26, 2007, the Defendant was punished by a fine of KRW 700,000 for a violation of the Road Traffic Act at the Seoul Central District Court on September 2, 201, by a fine of KRW 1.5 million for the same crime at the Seoul Northern District Court on September 2, 201, and by a fine of KRW 5 million for the same crime at the Seoul Central District Court on February 14, 2013.

On July 19, 2019, the Defendant driven a D-Apurt Motor Vehicle owned by C, while under the influence of alcohol leveling 0.119% from the 15km section to the front road of Nowon-gu, Seoul Special Metropolitan City, the Defendant was under the influence of alcohol leveling 0.19% from the 15km section.

Accordingly, the defendant has driven a car while under influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 Social Service Order Criminal Act, even though the Defendant had been punished by a fine on three occasions due to drunk driving, resulting in a traffic accident again while driving the instant drunk driving, and thus, the Defendant needs to be punished corresponding thereto.

However, the defendant's mistake is divided and reflects his wrong and does not repeat the same mistake, and there is no heavy criminal punishment exceeding the fine prior to the instant case.

The driver did not cause any personal injury due to a traffic accident due to the drunk driving.

Defendant has been engaged in volunteer activities for more society, and has supported his/her family through his/her occupational activities.