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 April 24, 2015, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Seoul Southern District Court.

On October 13, 2019, around 04:51 on October 13, 2019, the Defendant driven a C low-speed car with approximately 5km alcohol concentration of about 0.094% while under the influence of alcohol through around 04:51, the nearest road of Seocheon-si, Seoul to the adjacent road of the same city.

Accordingly, the defendant violated the prohibition of drinking driving more 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. Criminal records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a summary order);

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 reason for sentencing under Article 62-2 of the Criminal Act, the background of the crime, the numerical value of blood alcohol concentration, the frequency of the records of punishment for the same kind of crime, the temporal interval with the crime of this case, the confession of the crime, the misunderstanding, and the fact that it does not repeat again, and the punishment as ordered, shall be determined by taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment and circumstances after the crime, etc.