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

On August 9, 2016, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Seoul Southern District Court.

On August 18, 2019, at around 03:35, the Defendant: (a) driven C QM3 vehicles under the influence of alcohol concentration of about 0.113% from the 13km section from the front of Seo-gu Incheon, Seo-gu, Incheon to the area near the real city road, Seo-gu, Seo-gu, Incheon.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, references to criminal records, failure to take measures by the prosecution, reporting on results of confirmation, and application of Acts and subordinate statutes attached to 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the defendant's age, occupation, character and conduct, environment, criminal records, and circumstances revealed in the proceedings and arguments, such as the motive, means and consequence of the instant crime, the motive, and the consequence of the instant crime, as well as the circumstances shown in the oral proceedings, for the reason of sentencing under Article 62-2 of the Criminal Act;