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 of the final judgment.

Punishment of the crime

[criminal power] On April 17, 2015, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul East Eastern District Court, and a summary order of KRW 7 million for the same crime at the Seoul Southern District Court on August 25, 2016.

【Criminal Facts】

On October 13, 2019, at around 06:12, the Defendant driven the EM5 vehicle from the front of the Defendant’s house located in Geumcheon-gu Seoul Metropolitan Government to the front road located in the Gyeonggi-gu Seoul Metropolitan Government, with approximately 2km alcohol concentration of about 0.050% from the 2km section to the front road located in the Gyeonggi-gu Seoul Metropolitan Government.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 3 times.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report (report on the circumstances of a driver under the influence of alcohol), notification on the results of the control of drinking alcohol, measurement lifts, and inquiry into the results of the control of

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to summary orders of the same kind of suspect, and two copies of 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances that are advantageous to the fact that the nature of the crime is not good by running a drunk driving even though they had been punished twice due to drunk driving: The fact that the blood alcohol level is not high, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., are comprehensively taken into account, and the various sentencing conditions in the process of trial and records shall be determined as ordered.