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 24, 201, the Defendant was notified of a summary order of KRW 2 million by a Seoul Central District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 15, 2020, at around 23:45, the Defendant was under the influence of alcohol with 0.21% of blood alcohol level 0.21%, and the Defendant driven a car with CHabnb in approximately 6km from around the Seoul Mapo-gu Seoul Mapo-gu Seoul Western District Office to the Dongjak-gu apartment B apartment parking lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of a drinking driver, report on the results of the control of drinking driving, and written appraisal of blood alcohol;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. It is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act; the Defendant re-driving with drinking alcohol despite the history of punishment for drinking driving; and the Defendant’s blood alcohol concentration is considerably high; and the sentence is determined as ordered in consideration of the conditions of sentencing indicated in the instant pleadings.