A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On February 18, 2013, the Defendant received a summary order of KRW 1 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the Suwon District Court to a fine for the same crime on November 8, 2017.

On January 25, 2019, at around 20:55, the Defendant driven an Estraw knife vehicle from the front side of the “C” in Pyeongtaek-si B to the front side of the same city, with approximately 2km alcohol concentration of about 0.10%, while under the influence of alcohol concentration of about 0.10%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol even though the Defendant violated the prohibition on drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Notification of the results of crackdown on drinking driving and a report on actual condition survey;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 execution of an order to attend a lecture shall be suspended, taking into account the fact that only two criminal records of fines have been committed against a defendant for the reason of sentencing under Article 62-2 (1) and (2) of the Criminal Act, but an incidental disposition shall be imposed to prevent recidivism;