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.

Punishment of the crime

【Criminal Power】 On May 25, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul East Eastern District Court. On October 12, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on October 12, 201, and on May 4, 2012, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violation of the Road Traffic Act.

【Criminal Facts” around 04:19 on May 24, 2020, the Defendant driven a DNA car while under the influence of alcohol level of about 0.154% in a section of approximately 200 meters from Gangnam-gu Seoul to C.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of a drinking driver), details of crackdown, notification on the results of the control of drinking driving, and records of the measurement of drinking;

1. On-site photographs;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, confirmation of criminal records, application of statutes governing the judgment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation and the fact that the accused repeats drinking driving, it is judged that there is a need to supervise the accused so as not to drive drinking, and especially order probation;

Social service order

The reason for sentencing in Article 62-2 of the Criminal Act was that the Defendant did not know about the fact that he had been punished three times due to drinking driving, and that he committed the instant crime in consideration of the degree of blood alcohol concentration and driving distance.