A defendant shall be punished by imprisonment for a term of one year and three months.

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 August 5, 2015, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court Goyang branch on August 5, 2015; and on February 14, 2017, the same court issued a summary order of KRW 5 million with a fine of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】 On July 15, 2020, at around 03:58, the Defendant driven C SP car while under the influence of alcohol 0.244% of alcohol alcohol level from the 2km section from the front side of the Gangseo-gu Office in Gangseo-gu Seoul Metropolitan Government to the front side of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, and application of each summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.