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 November 15, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court, and on November 15, 2013, at the same court, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving).

Nevertheless, at around 04:20 on August 23, 2020, the Defendant driven Chya car under the influence of alcohol with approximately 0.157% alcohol concentration at the 4km section from the front of the Seodaemun-gu Seoul Western-dong to the front of the Eunpyeong-gu in the same city from the Do in front of the B. B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes of Part II to the summary order, such as the defendant's legal statement, the circumstantial statement, the criminal history records of the drinking driving control, the investigation report (Attachment to the summary order for drinking driving), and the criminal records of the defendant;

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 reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished for drunk driving twice, but the Defendant also driven the instant drinking driving.

On the other hand, this case's drinking driving did not cause a traffic accident, and the driving force of the above drinking driving is fully subject to criminal punishment.

In addition, the defendant would dispose of the vehicle and stop the same mistake again.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the arguments.