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 August 12, 2004, the Defendant received a summary order of KRW 700,000 from the Seoul Southern District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on September 4, 2017, a summary order of KRW 4,00,000 as a fine of KRW 1,00 for the same crime.

At around 10:10 on December 19, 2019, the Defendant driven a DNA motor vehicle with a blood alcohol concentration of about 60km from around 0.059% under the influence of alcohol at approximately 0.059%, from around 10:10 to the front roads of the Sinpo City in the Sinpo City.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the results of the control of drinking driving, reports on the state of drinking driving, and inquiries into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, investigation reports (verification of the same kind of power), - Application of two copies of relevant summary orders and other 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, and order to attend a lecture (the scope of applicable sentences under law) is one year to two years (decision of sentence] imprisonment, one year to two years (decision of sentence), and two years of suspended execution, the Defendant, as stated in the first head of the crime in the judgment, re-driving a motor vehicle even though he had been sentenced to a fine twice due to a violation of the Road Traffic Act, and the distance of the Defendant’s driving at the time of the instant crime is reasonable. As such, the Defendant’s distance at the time of the instant crime is reasonable, the Defendant’s choice of imprisonment