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 23, 2007, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2.5 million by the same court on August 20, 2012, respectively.

【Criminal Facts】

On August 20, 2019, the Defendant was under the influence of alcohol of 0.107% of blood alcohol concentration on August 20, 2019, from around 500 meters away from the roads near the Seoul Southern Station in Gangnam-gu to the roads in front of the same Gu, the Defendant driven a vehicle of 508 Pulight 508 owned by the Defendant.

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. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Control note;

1. Previous records of judgment: Application of two Acts and subordinate statutes of two copies of criminal records, investigation reports (former records and confirmation reports), and 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. Probation and lecture attendance order Article 62-2 of the Criminal Act requires that the defendant should be supervised so as not to drive under drinking, considering the fact that the defendant repeats drinking, and the defendant repeats drinking and repeats drinking. In particular, probation shall be ordered.

The fact that drinking water in this case is considerably high, that the defendant has been punished several times in relation to driving of motor vehicles, etc., and that the defendant has no record of being sentenced to more severe punishment than the previous fine in the circumstances unfavorable to the defendant, and that the defendant has no record of being sentenced to more severe punishment than the previous fine in this case, etc., shall be considered as favorable to the defendant, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime.