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 October 21, 2016, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on October 21, 2016.

At around 02:20 on April 15, 2020, the Defendant driven a F-car under the influence of alcohol with approximately 370 meters alcohol concentration of about 0.127% from the front road of the “C” located in Ansan-si, Nowon-si, Nowon-gu, Seoul, to the front road of the E elementary school located in the same Gu.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes governing the summary order of the same kind of power;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.