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

【Criminal Power】 On November 25, 2008, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court to a fine of KRW 3 million for a violation of the Road Traffic Act. On March 9, 2009, the same court received a summary order of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】 Around November 12, 2018, the Defendant driven CM5 vehicle under the influence of alcohol with approximately 0.215% of alcohol concentration from the 10km section from the insane area of Eunpyeong-gu Seoul Metropolitan Government to the front road of the Seoul Gangseo-gu B building.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, but was under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished for two times or more by drinking driving, the instant drinking driving was conducted at the same time, causing physical traffic accidents during driving, and the Defendant’s blood alcohol concentration level much higher than the revocation level of the driver’s license, and thus, it is necessary to choose imprisonment with prison labor for the Defendant.

However, there are still no history of punishment for the defendant who has been sentenced to suspended sentence or more, and there is no history of punishment for the last drinking prior to about 10 years, and the defendant is now at the beginning of a new work to lead his livelihood. At this point, if the defendant is detained, it seems that the defendant will be disadvantaged by his dependants, and the defendant's mistake is divided and reflected.