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 June 26, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Seoul Southern District Court. On May 27, 2015, the Defendant received a summary order of KRW 1 million for the same crime at the same court.

【Criminal Facts】

On August 1, 2019, at least 23:02, the Defendant violated the duty of prohibition of driving under the influence of alcohol two times or more while under the influence of alcohol, while under the influence of alcohol at least 0.081%, in the vicinity of the Human Cuk Station traffic at Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous convictions, and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc., shall be determined as the orders.