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 October 6, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Busan District Court's Branch on October 6, 2008, and on November 20, 2015, the Seoul Central District Court issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act.

Criminal facts

At around 22:50 on April 19, 2020, the Defendant driven a vehicle in the G Tti-gu in the state of alcohol alcohol level of about 4 km from around 23:10 on the same day to the front of the Defendant’s house in Yangcheon-gu Seoul E and F, the Defendant driven a vehicle in the G Tti-gu in the state of alcohol level of about 0.113%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Control note, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Investigation report (Attachment to a summary order of the same type of crime), and application of Acts and subordinate statutes of the summary order;

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.