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 10, 2007, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Seoul Southern District Court, and on November 4, 2009, the Incheon District Court issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act.

【Criminal Facts】

On January 1, 2020, at around 03:57, the Defendant driven a B-hand car with a blood alcohol concentration of about 0.178% under the influence of alcohol at the section of about 2km from the road near Yongsan-gu Seoul Metropolitan Government, to the road near the Jung-gu, Jung-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Consent to blood collection, written confirmation, certificate of seizure, list of seizure, record of seizure, and written appraisal;

1. Investigation report (in the case of a suspect's official investigation from the time of measuring alcohol to the time of collecting blood), investigation report (in the case of a suspect's investigation report on his/her model, the time of measuring alcohol and correcting the time of collecting blood);

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (A) 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant re-driving a motor vehicle without being aware of the history of punishment for drunk driving, and that the Defendant was sentenced to punishment in consideration of the overall circumstances, such as blood alcohol concentration and driving distance.