A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 20, 2013, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the District Court.

Although the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act, he again, in violation of this provision, and thereby, he was driven by the Defendant, at around 05:05 on October 11, 2020, on the roads adjacent to Northern apartment B, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul Metropolitan Government, for approximately 2km, with alcohol content of about 0.115% in blood alcohol level at the front of the same Gu apartment D unit.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (a half the amount of reduction);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( comprehensively taking into account the criminal records of the defendant, the numerical value of alcohol during his/her blood, the developments leading up to driving alcohol, driving distance, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;