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 October 11, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Chuncheon District Court; on February 16, 2010, a summary order of KRW 3 million as a fine for the same crime at the Seoul Southern District Court; and on April 7, 2017, a summary order of KRW 5 million as a fine was issued for the same crime.

【Criminal Facts】

On December 15, 2019, at around 10:32, the Defendant driven a B-typ car with a blood alcohol content of about 0.107% under the influence of alcohol on a section of about 600 meters from the French Island (hereinafter referred to as the “Uido”), which was located in the Sindo-dong, Singu-si, Singu-si (2202-1), to the front road of Sinsido-dong (hereinafter referred to as the “Uido-si”).

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Whether the defendant's legal statement is the result of drinking the oral statement of the defendant;

1. Previous records: Application of inquiry written and summary order statutes, such as criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. In spite of being punished for driving under drinking alcohol on several occasions for the reasons of sentencing Article 62-2 of the Criminal Act, the same crime is repeated. The preceding marina is deemed to have affected the conclusion of the crime by the following day. In addition, a punishment shall be determined by taking into account the Defendant’s age and environment, circumstances leading to the crime, degree of blood alcohol level, etc.