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 November 13, 2012, the Defendant issued a summary order of KRW 4 million at the Seoul Southern District Court to a fine of KRW 6 million for a violation of the Road Traffic Act, a summary order of KRW 4 million in the same court on November 6, 2014, and a fine of KRW 6 million in the same court on March 10, 2016, respectively.

【Criminal Facts】 On December 22, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.05% while under the influence of alcohol at about 10km from the 10km section up to the Goyang-si road in front of Gangseo-gu Seoul, Gangseo-gu, Seoul.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes related to the violation of the Road Traffic Act;

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. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, the details of the past drinking run and the details of punishment, the time interval from the former, the drinking level in this case, the circumstances after the crime, etc.