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 August 6, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court, and on January 22, 2016, the Seoul Southern District Court received a summary order of KRW 4 million as the same crime.

【Criminal Facts】

Although the Defendant had been punished for a violation of the Road Traffic Act as above, on May 12, 2020, at around 22:25, the Defendant driven an Eystren vehicle under the influence of alcohol leveling 0.131% from the 50-meter section to the front road of the D Elementary School located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, to around 50 meters in the direction of blood alcohol leveling from May 12, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions in judgment: In case of foreign crimes and investigation records, inquiry into data, attachment of a summary order with the same kind of power, and application of two Acts and subordinate statutes of a summary order;

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;

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.