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 of the final judgment.

Punishment of the crime

On March 24, 2011, the Defendant was given a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Gangseo branch court of the Chuncheon District Court.

On July 28, 2019, at around 01:58, the Defendant driven a F Laren GL vehicle under the influence of alcohol concentration of about 0.178% from a distance of about 2 km from the front line of Cju in Gangnam-si B to the front line in the same city D.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements (report on investigation (report on summary order); summary order] applying Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (the execution of imprisonment shall be suspended on condition of probation and community service, in consideration of the fact that the purchase of a comprehensive insurance policy is under processing insurance against physical accidents and there is no criminal history exceeding fines);

1. Probation and community service order under Article 62-2 of the Criminal Act;