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 September 24, 2002, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act; on September 12, 2012, a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) from the Daegu District Court; on March 25, 2015, a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) was issued by the Young District Court in the Young-gu District Court’s Yeongdeungpo Branch on March 25, 20

On September 11, 2020, the Defendant driven C SP car at a section of about 15 km from the Sejong Sea Park parking lot located in Sejong-ri 185-1 to the roads in front of the same military apartment, while under the influence of alcohol of 0.114% of blood alcohol level around 05:0.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence, each investigation report, each report on internal investigation, each report on 112 incidents, notification on the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, and each photograph of the next-class vehicle;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

D. Unfavorable circumstances: Although the defendant had been sentenced three times due to drinking driving, he/she again leads to the crime of this case, and at the time of driving.