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 October 12, 2010, the Defendant received a summary order of KRW 4 million from the Incheon District Court Branch of Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 07, 2019, at around 01:46, the Defendant driven Cenz’s car at approximately 38 km section from Jongno-gu Seoul, Jongno-si to Kimpo-si, 387-167 Kimpo-do, Kimpo-do, to the road, with a blood alcohol concentration of 0.092%.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, inquiry into the results of the control of drinking driving, reports on the state of drinking drivers, investigation reports (report on the state of drinking drivers), notification on the results of the control of drinking driving, photographs at the time of crackdown, and records of handling cases 112 reported;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of undisposition, and application of Acts and subordinate statutes governing summary orders;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1448, Apr. 2, 201)

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);