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 February 21, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and on September 6, 2007, the Defendant issued a summary order of KRW 1.5 million as a fine for the same crime at the same court.

On April 23, 2020, at around 00:30, the Defendant driven a C low-priced car at a section of about 5 km from the flusium 1-dong in Ansan-si to the same Gu in a state of alcohol alcohol level of 0.109%.

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

Summary of Evidence

1. Report of the defendant's statutory statement, circumstantial statement, pulmonary measuring records, and notification of the result of the drinking driving control;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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. All circumstances, including the frequency of punishment for previous drinking driving, timing and details of punishment, blood alcohol concentration level, the situation in which the defendant is faced, and the fact that an order to attend a lecture reflects the mistake in depth for sentencing under Article 62-2 of the Criminal Act;