The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 8, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

On October 17, 2019, at around 04:55, the Defendant driven a balp-purd vehicle with approximately 3km section of blood alcohol content of 0.039% under the influence of alcohol from the 3km section of approximately 0.039%, from the 163m road near the Maro Station located in the 163m of Gangseo-gu Seoul Metropolitan Government, to the road near the Gocheon River, Seocheon-si.

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. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to each summary order attached to investigation report (verification 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that two times of punishment due to drinking driving after 2016, the content of each same kind of power, the blood alcohol concentration at the time of the instant crime, the confession of the crime, the fact that the mistake is divided, and the defendant's age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, etc., are considered, and the punishment shall be determined as ordered by the Disposition.