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 5, 2010, the Defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act (driving on a sound driving) at an Ansan District Court’s Ansan Branch, and on November 19, 2012, the Defendant was issued a summary order of 4 million won for a violation of the Road Traffic Act (driving on a sound driving) at the Suwon District Court’s Ansan Branch, and on February 21, 2014, the Defendant was issued a summary order of 5 million won for a violation of the Road Traffic Act (driving on a sound driving) from the Suwon District Court’s Ansan Branch.

【Criminal Facts】

On March 13, 2019, around 02:20 on March 13, 2019, the Defendant driven BEX car with a blood alcohol content of at least 0.173% under the influence of alcohol from approximately 25km to the direction of the Southern East-dong Industrial Complex, Nam-gu, Incheon Metropolitan City, to the direction of the Southern East-dong Industrial Complex.

As a result, the defendant had already been punished for drunk driving more than twice, but he again driven under influence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation report (the No. 17 of the evidence list);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of previous convictions) and application of each summary order attached thereto;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., reflectiveness, previous records of driving under influence prior to about five years, and absence of any record exceeding fines);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;