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 became final and conclusive.

Punishment of the crime

On March 23, 2016, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Seoul Western District Court on March 23, 2016, and on December 22, 2014, the Defendant was sentenced to a fine of 1.5 million won for the same crime and was sentenced to a summary order of 1.5 million won for the same crime at the same court on December 22, 2014.

On March 6, 2020, at around 03:07, the Defendant driven the Ecopic car from the Do in front of the C Hospital located in Dongdaemun-gu Seoul, Dongdaemun-gu to D, Seoul, under the influence of alcohol concentration of about 0.152% in the 10km section.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement (report on the status of the driver);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of suspect-like records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2010Do329, Apr. 1, 2011);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;