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 February 21, 2008, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On August 9, 2019, at around 02:45, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 0.166% in the section of about 15km-ro 130 knives of Sung-si, Sung-si, Mapo-si, Sung-si, Mapo-si, and conducted drinking driving in violation of the provision on prohibition of drinking driving in violation of two or more times.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, and report on the circumstances of the driver under consideration;

1. Investigation report (the result of blood appraisal);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes governing criminal records and investigation reports (former records and reports attached to the 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that driving under the influence of alcohol is highly likely to infringe on the life and property of others as well as himself/herself, so it is highly necessary to strictly punish him/her, and the blood alcohol concentration of this case is considerably high.

However, the Defendant recognized the facts charged in the instant case and opposed thereto, and the interval between the previous drunk driving and the drinking driving in the instant case is relatively relatively high.

Other circumstances shown in pleadings, such as the age, character and conduct, environment, motive, means and result of the instant crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.