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 November 16, 2015, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court due to a violation of the Road Traffic Act.

On March 28, 2020, at around 0.058, the Defendant driven a Category B car from the 9km section to the water resource construction distance of about 9k from the 1633-dong, Sinri-si, Ansan-si, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.058%.

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

Summary of Evidence

1. The defendant's legal statement, blood alcohol appraisal report;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of driving under influence of alcohol), and application of one copy of summary order under Acts and subordinate statutes;

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. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;