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 25, 2008, the Defendant issued a summary order of KRW 1 million at the Seoul Central District Court for the crime of violation of the Road Traffic Act, and on March 31, 2016, the Seoul Southern District Court issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 16, 2020, at around 00:10, the Defendant driven a motor vehicle in the E Spo-type under the influence of alcohol with approximately 2 km alcohol concentration of about 0.14% at the section of approximately 0.14% from the front road of Yeongdeungpo-gu Seoul Metropolitan Government to the front road of the same Gu D.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a violation of the Road Traffic Act, a report on the situation of driving under the influence of alcohol, and a report on the occurrence of a violation of the Road Traffic Act;

1. Previous convictions in judgment: Investigation reports (reports on the confirmation of criminal records of the same kind of suspect), criminal records, and application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.