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

On April 24, 2011, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on April 24, 201, and was sentenced to a fine of KRW 3 million by the same court on October 29, 2015.

On April 1, 2020, around 22:40, the Defendant driven a Drocketing car under the influence of alcohol concentration of about 0.075% from the 1km section from the Dobong-gu Seoul apartment parking lot to the front road of the same Gu C apartment.

Accordingly, the Defendant driven a car under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement made by the defendant, inquiry into the results of the crackdown on drunk driving, the circumstantial statement of the drinking driver, the investigation report (the circumstantial report of the drinking driver), the details of the use of drinking meters, and the statement of control; and

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (verification reports of the same kind of drinking power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was found to be a drunk driving that led to the detection of the Defendant.

Although there are many criminal records of blood alcohol concentration and driving distance at the time of crackdowns, the defendant has no criminal records of the suspension of execution of imprisonment without prison labor or heavier, the defendant reflects his/her mistake and prevents recidivism, and other factors of sentencing, such as the defendant's age, occupation, family relationship, personality and conduct, shall be determined as ordered in consideration of various factors of sentencing.