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 December 11, 2015, the Defendant was issued a summary order of KRW 1,500,000 by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 13, 2019, at around 13:59, the Defendant driven a C-do motor vehicle under the influence of alcohol concentration of about 0.133% from the 20km section from the front of Gangseo-gu Office to the front of Seoul Gangnam-gu Office, Gangseo-gu, Gangseo-gu, Seoul.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and notice of the result of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, application of one copy of a 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions specified in the trial process of this case, such as blood alcohol concentration and time interval with the same crime, Defendant’s age, character and conduct, family relation, home environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered.

A favorable circumstances: The defendant reflects the crime of this case and thereby commits a crime of this case at a disadvantage: The defendant recommits the crime of this case even though he had a previous record of driving under the same kind.