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 December 12, 2008, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on August 21, 2017.

At around 13:50 on March 12, 2020, the Defendant driven a Fpoter II freezing vehicle under the influence of alcohol concentration of approximately 0.144% from the section of about 4km from the front of the road in the Gyeongsi-si, Chungcheongnam-si, Seoul, to the front of the E-won in the same city D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-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. The grounds for sentencing under Article 62-2 of the Criminal Act for probation, community service order, and order to attend a lecture are recognized to be erroneous by the defendant. When committing the instant crime, all of the sentencing conditions shown in the records and arguments of the instant case, including the defendant's blood alcohol concentration, driving distance, circumstances leading to the defendant's driving at the time of driving, the status of the defendant at the time of driving, and the criminal records