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 March 2, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act. On March 24, 2008, the Defendant was issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the Sungnam Branch of the Suwon District Court as of March 24, 2008.

【Criminal Facts】

On May 15, 2020, at around 23:30, the Defendant driven a D low-speed car with approximately 4.5m alcohol concentration 0.127% under the influence of alcohol on the road in Songpa-gu Seoul to the front road in Songpa-gu Seoul.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of records of measurement of drinking alcohol, results of the regulation of drinking driving, and report on the status of drinking drivers;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A dangerous criminal who, by raising the possibility of traffic accidents, may cause the occurrence of a traffic accident, not only his/her life but also the other person's life and family; a defendant has been punished four times as a fine by committing a violation of the Road Traffic Act or a violation of the Road Traffic Act: The defendant is divided into his/her mistake and reflects his/her mistake; the defendant's age, character and behavior, motive, means and consequence of the crime; and the conditions for sentencing specified in the arguments, such as the circumstances after the crime, shall be considered.