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 May 18, 2009, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act by the Seoul Western District Court.

On November 4, 2019, at around 22:30, the Defendant driven a D-to-purd vehicle with a blood alcohol concentration of about 70 meters from a public parking lot located in Yansan-gu, Seoul Metropolitan City to the Yansan-gu, Seoul Metropolitan City, with approximately 0.224% under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking 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 indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 2009Da3248, Apr. 1, 201);

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