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 November 14, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 14, 2008, and on February 8, 2017, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court.

【Criminal Facts】

Around 18:06 on April 3, 2020, under the influence of alcohol by the Defendant, from the seed and seedling public parking lot located in Jongno-gu Seoul Metropolitan Government to the intersection, the Defendant driven a car with approximately KRW 1km B epic in Seoul Jung-gu to its intersection.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (report on the circumstances of a drinking driver) and records of the measurement of drinking alcohol;

1. Previous convictions indicated in judgment: The results of criminal records, investigation reports (Binding a copy of the previous criminal records and summary order), and application of Acts and subordinate statutes of the summary order;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include two times the past records of punishment for drunk driving, but again, the defendant drives under drinking again, distance from time to time with the same kind of crime, blood alcohol concentration, driving distance, the defendant's recognition of facts charged and reflects on the facts charged, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.