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 October 14, 2013, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 5 million at the same court on July 4, 2016, respectively.

【Criminal Facts】

On February 12, 2020, at around 06:14, the Defendant driven CK7 vehicles under the influence of alcohol concentration of 0.105% on the front of Gangnam-gu Seoul, Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (not later than a suspect's drinking and twice), and application of Acts and subordinate statutes of each summary order;

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 was punished for drunk driving on around 2013 and around 2016, and the instant drinking driving was also conducted at the same time, and the blood alcohol concentration was considerably high, and the responsibility for the offense is not somewhat minor.

However, considering the fact that the defendant's mistake is recognized and is against the defendant, that he/she would not repeat again while disposing of his/her own vehicle, and other circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., the punishment as ordered shall be determined.