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 March 16, 2012, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Ulsan District Court on March 16, 201, and a summary order of KRW 5 million for the same crime in the same court on June 15, 2016, respectively.

【Criminal Facts】

On November 10, 2019, at around 06:45, the Defendant driven a dial motor vehicle with a blood alcohol concentration of about 0.104% from the front road of the Northern-gu Seoul Metropolitan City apartment to the front road of the same Gu, under the influence of alcohol at about 500 meters.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Application of Acts and subordinate statutes on summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

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

1. Consideration of the fact that a person has been sentenced to a fine twice (2012, 2016) due to the driving under the influence of alcohol (2012, 2016) due to the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, his/her workplace is living, his/her family is to be supported, and