A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 19, 2003, the defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on May 19, 2003, and on June 2, 2016, the Seoul Eastern District Court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul East Eastern District Court on June 2, 201.

On December 19, 2019, the Defendant: (a) around 23:40 on December 19, 2019, the Defendant driven B rocketing car with blood alcohol concentration of 0.206% at around 200 meters from the front of the Seongdong-gu Seoul Reading Station to the front of the said 373 Reading Station; and (b) violated the Regulations on Prohibition of Drinking Driving twice or more by driving the said car at around 200 meters from the front of the said 373 Reading Station.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a written report on driving-free driving, a records of measurement of drinking, and a record book of control;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes attached to 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service, or order to attend lectures: The fact that there was a history of being punished twice due to drunk driving, and that the defendant was growing to the extent that he will receive roadside trees at 0.206% of blood alcohol concentration, and that the defendant is against the crime of this case, recognizing the crime of this case;