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 June 14, 2013, the Defendant was issued a summary order of KRW 3 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

On May 1, 2020, at around 18:46, the Defendant driven a CM5 vehicle owned by the Defendant under the influence of alcohol concentration of about 0.103% from the 10km section from the front of a restaurant on the commercial non-fluence in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu to the front of the Namyang-si, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Regulatory the results of the drinking driving control and notification of the results of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same type of power);

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be determined as ordered