Defendant shall be punished by imprisonment for a term of one year and two months.

except that 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 March 31, 2006, the defendant was issued a summary order of 2 million won by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act (driving) and 2 million won by the same court on February 23, 2007.

【Criminal Facts】

1. Around 04:40 on September 8, 2019, the Defendant was under the influence of alcohol of 0.046% with a blood alcohol concentration of 0.046%, and the Defendant driven C Lasta car at the section of approximately 3.2 km from the Do located in Gangdong-gu Seoul Metropolitan Government to the west-gu roads located in the west-nam west-ro, west-ro, west-ro, west-do.

2. Around 05:00 on September 16, 2019, the Defendant was under the influence of alcohol of 0.067% with a blood alcohol concentration of 0.067%, and the Defendant driven a Crocketing car at the section of approximately 4km from the Do located in Songpa-gu Seoul Metropolitan Government D to the roads located in the west-gu, west-gu, west-ro, west-ro, west-do.

Accordingly, the defendant has driven a motor vehicle under the influence of re-driving in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and verifications);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the grounds for sentencing under Article 62(1) of the Criminal Act, records, such as the accused’s age, occupation, character and conduct, family relation, living environment, circumstances leading to a crime, and circumstances after a crime, etc.