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 January 7, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Daegu District Court. On November 5, 2018, the Defendant issued a summary order of KRW 1 million for the same crime at the Seoul Central District Court.

【Criminal Facts】

At around 06:30 on August 10, 2019, the Defendant driven a clater-low car at approximately 1km section from the sub-dong in Gangnam-gu, Seoul to the front road in Gangnam-gu, Seoul, while under the influence of alcohol with 0.128% of alcohol concentration.

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. Records of the results of measurement of drinking alcohol and investigation reports (the circumstantial report of the drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the pleadings of this case, including the reason for sentencing Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, the same criminal records (the same as the criminal records in the market), and the fact that the defendant repents wrong facts.