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

On March 5, 2008, the Defendant issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act (fluence) at the Jung-gu District Court, but around April 13, 2020, the Defendant was under the influence of alcohol of KRW 0.183% on the roads near the Yancheon-si located in Gyeonggi-si to the 19-1 Olympic Winter-dong, Yeongdeungpo-gu, Seoul (fluence) and operated a passenger car in the section of approximately 10km.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the control results of drinking driving, and written expert report;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of a copy of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the interval from the former, the drinking volume in this case, the circumstances after the crime, etc.