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 May 20, 2014, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and on January 22, 2016, a summary order of KRW 2 million for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

On December 29, 2019, at around 02:05, the Defendant driven an Ele-rober vehicle while under the influence of alcohol concentration of about 0.107% from the 3km section of blood alcohol level to the front road of the C Hospital located in the Sinsi-si B, Singu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification on the results of the regulation of drinking driving, record of measurement of drinking, and field photographs;

1. Previous conviction: Attachment of a summary order, the application of Acts and subordinate statutes to inquire into records of crimes committed by foreigners and investigation;

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. The Defendant’s history of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (this case’s third driving, the first driving is 0.072% prior to the date of the instant crime, which is about five years prior to the date of the instant crime, and the second driving is subject to a fine of KRW 1.5 million. The second driving is 0.098% prior to the date of the instant crime, which is 4 years prior to the date of the instant crime, and is subject to a fine of KRW 2 million), drinking value (0.107%), drinking value (0.107%), after the crime, the circumstances after the crime, nationality, and other various circumstances shown in the pleadings of the instant case, the sentence is determined as per the disposition.