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.

On January 20, 2017, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act.

Criminal facts

around 03:10 on August 29, 2019, the Defendant driven a e-learning car owned by D while under the influence of alcohol concentration of about 100 meters from the Songpa-gu Seoul Sagle to the front road of Songpa-gu Seoul.

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. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: Application of criminal records, etc. and other 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant driving a vehicle under the influence of alcohol even though he/she was subject to criminal punishment once due to drinking driving, and the blood alcohol concentration level at the time of driving was very high, and the defendant's liability for the crime is not weak.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant's perception of the crime of this case and the fact that the driving distance does not change, etc.; and (b) the defendant's age, character, environment, motive and consequence of the crime;