A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 22, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on September 2, 2008, and a summary order of KRW 4 million for the same crime at the Jung-gu District Court on March 30, 2015.

At around 18:00 on June 2, 2020, the Defendant driven a D window Som car with approximately 6m alcohol concentration of 0.194% in blood with a parking lot exit located in Seocho-gu Seoul Metropolitan Government C public parking lot.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. A written statement under the police interrogation E concerning the accused who has partially made a statement in the court;

1. Previous records as stated in a traffic accident report (report on the detection of drinking alcohol and a report on the detection of drinking alcohol: Application of Acts and subordinate statutes to inquire about the career of crime and report on investigation (Attachment to a summary order for the same type of crime);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant has been punished twice due to drinking alcohol driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the instant crime was committed while driving under the influence of 0.194% of alcohol concentration in the blood of the second blood.

In the process of driving alcohol of this case, contact accidents occurred.

However, considering the relatively short distance of drinking driving, the following conditions are considered in light of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and the criminal records.