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 October 10, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on October 10, 2017.

【Criminal Facts】

At around 01:30 on June 1, 2020, the Defendant driven a E-Malaysia car in the state of alcohol with a blood alcohol concentration of about 0.186% from the front of the “C” alcohol house located in Gangnam-gu Seoul Metropolitan Government, to the front of the same Gu D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of a drinking driver, notification on the results of the control of drinking driving, and record of drinking measurements;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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 fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act; the defendant re-driving the drinking alcohol despite the history of punishment for drinking driving; the interval between time and the same crime is close; the driving distance of the defendant is considerably high; the defendant recognizes and reflects the facts charged; the defendant has no record of criminal punishment exceeding the fine; the defendant's age, character, character and environment; the motive, means and consequence of the crime; and the circumstances after the crime, etc. shall be determined as ordered in consideration of the sentencing conditions stated in the arguments of this case.