A defendant shall be punished by imprisonment for not less than one year and six 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 June 8, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court, and on October 30, 2014, the Defendant received a summary order of KRW 5 million for the same crime from the same court.

【Criminal Facts】

On August 23, 2019, at around 20:32, the Defendant violated the duty of prohibition of drinking driving by driving a motor vehicle under the influence of alcohol level 0.246% under the influence of alcohol level 0.246% in the section of approximately 1km from the roads near C Hospital located in Gyeonggi-si, Seoul, to the front roads located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the instant crime even though he had been sentenced to punishment for driving under influence of alcohol in 2009 and 2014, the defendant's blood alcohol concentration was higher than a fine, the defendant did not have any criminal record exceeding a fine, and other conditions of sentencing specified in the instant pleadings, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., after considering the circumstances after the crime, etc.