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 September 28, 2006, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch on September 28, 2006; on February 19, 2009, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court’s Branch on February 19, 2009; and on April 29, 2015, a summary order of KRW 7 million for the same crime was issued.

【Criminal Facts】

On February 25, 2020, at around 03:40, the Defendant driven a DCo-sports cargo vehicle under the influence of alcohol concentration of about 0.132% at a section of about 1km from the front of the Gyeonggi-si B market to the front of the Seoul Gwangjin-gu Seoul Special Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (in addition to the Madmark Elimination);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of criminal records of the same kind of drunk driving and report on results of confirmation before the disposition is made);

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. Suspension of execution under Article 62 (1) of the Criminal Act (limited to suspension of execution, taking into consideration favorable circumstances, such as the fact that the person is a night driver and the defendant reflects the wrongness, but adding a probation order, etc. to prevent recidivism);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;