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 January 4, 2017, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, at an Ansan District Court's Ansan Branch.

On August 1, 2019, at around 01:50 on August 1, 2019, the Defendant driven C SP car in the state of alcohol with approximately 50km alcohol concentration 0.127% from the mutual influent convenience store located in Sinsi-si, Sinsan-si to the front road of Sinsan-si, Sinsan-si through Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous convictions in judgment: The results of criminal records and the application of a copy of summary order;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.