A defendant shall be punished by imprisonment for one year.

except that 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 December 11, 2015, the Defendant received a fine of three million won for a violation of the Road Traffic Act (driving) from the Seoul Eastern District Court.

【Criminal Facts】

On August 9, 2019, the Defendant driven an Edisberian car from the 13km section around the G Gero in Gwangju City to the Gero of Gyeonggi City, while under the influence of alcohol of 0.159% of blood alcohol concentration at around 19:30,000.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes concerning a summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the grounds for sentencing under Article 62(1) of the Criminal Act, records, such as the accused’s age, occupation, character and conduct, family relation, living environment, circumstances leading to a crime, and circumstances after a crime, etc.