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 January 17, 2017, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on January 17, 2017; and on March 23, 2018, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 08:30 on August 15, 2020, the Defendant driven a Doz car while under the influence of alcohol content of approximately 0.171% from the Gangnam-gu Seoul to the front road of Gangdong-gu Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Papers of measurement records of drinking alcohol;

1. Investigation report (Application of the Ba mark);

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the choice of imprisonment;

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

1. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;