A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 7, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (driving) from the Seoul Northern District Court, and on April 18, 2017, issued a summary order of KRW 1,00,000 as a fine for the same crime at the Jung-gu District Court.

Criminal facts

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, once again, in violation of Article 44(1) of the same Act, driven a B-A-car under the influence of alcohol content at approximately 0.104% in the section of about 300 meters from the front of the post office located in the Newdong in the Government of the Gyeonggi-do on September 10, 2018 to the front of the elementary school of the filial children in the same drilling road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, repeated the instant drinking driving even though he/she had a previous and twice drinking driving.

However, the punishment shall be determined in consideration of the anti-discrimination, the absence of the same criminal record as or higher than the suspension of execution, and the conditions of sentencing under Article 51 of the Criminal Act.