A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 8, 2016, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on March 20, 2019.

【Criminal Facts】

around 05:50 on July 13, 2019, the Defendant driven a DMW vehicle while under the influence of alcohol content of 0.092% at approximately 50m from Gangnam-gu Seoul to the same Gu C.

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. Investigation report, report on the situation of a drinking driver, notification on the results of the control of drinking driving, and record of drinking measurements;

1. Previous convictions in judgment: Criminal records, inquiry reports, investigation reports, and application of relevant summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Selection of Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant reflects the instant crime; (b) the blood alcohol concentration of the Defendant; (c) the Defendant’s age; (d) character and conduct; (e) personality and conduct; family relationship; (c) home environment; (d) motive and means of the instant crime; and (e) the sentencing conditions

It is so decided as per Disposition for the above reasons.