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

On August 21, 2006, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million by the Seoul Southern Southern District Court on October 16, 2014, respectively.

Nevertheless, around 06:03 on July 13, 2019, the Defendant again driven the EW car from around 500 meters away from the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government to D in Gangseo-gu C while under the influence of alcohol level of 0.109%.

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 statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order);

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. The same sentence as the order shall be determined in consideration of the overall conditions of the sentencing specified in the pleadings of this case, including the reasons for the sentencing under Article 62-2 of the Probation Criminal Act, the circumstances of drinking alcohol driving, the measurement of drinking alcohol, the criminal records of fines for drunk driving, the risk of recidivism and reflect

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