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 27, 2016, the Defendant, at the Seoul Southern District Court, issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act (driving) at the Seoul Southern District Court, on July 12, 2020, driven the Ewing three truck while under the influence of alcohol of KRW 0.151% from the 3km section of the Geumcheon-gu Seoul Metropolitan Government from the building to the Mayang-si C and the front of the D High School from the 07:50 on July 12, 2020.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. The defendant's legal statement and the report of traffic accident;

1. Notification of the results of the drinking driving control, the report on the situation of a drinking driver's oral statement, photographs of the vehicle (wing height 3), the damaged vehicle's photograph, and the investigation report on the closure of the copic cambbling images (report on the circumstances of a drinking driver);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of one copy of summary order;

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 [the scope of punishment by law] The imprisonment of one year to two years (the decision of sentence] imprisonment, one year to one year, 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 despite the fact that he was sentenced to a fine for a violation of the Road Traffic Act. At the time of the crime in this case, the defendant's blood alcohol concentration level at the time of the crime in this case is 0.151%, the defendant's blood alcohol level at the time of the crime in this case is 0.151%, the distance from driving a motor vehicle, the distance of the defendant's age, character and behavior, circumstances of the crime