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 January 19, 2015, the Defendant was issued a summary order of KRW 4 million by the Seoul Western District Court due to a violation of the Road Traffic Act (driving). However, on June 18, 2020, the Defendant driven CMW car at the 1km section from the roads in front of the Gangnam-gu Seoul building to the roads in front of the 616 new station distance as Gangnam-gu, Gangnam-gu, Seoul, while under the influence of alcohol content of approximately 0.120% from the 1km section to the roads in front of the 616 new station distance.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and the table of values for drinking measurement;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

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 fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act; the defendant drives drinking again even though he/she had the record of punishment for drinking driving; the time interval with the same crime; the defendant's blood alcohol level; driving distance; the defendant's facts charged are recognized and reflected; the defendant's age, character and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.