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 23, 2016, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court’s Chungcheong Branch on September 23, 2016, and on December 21, 2018, the Defendant received a summary order of KRW 3 million for the same crime from the same court.

On August 2, 2020, at around 00:37, the Defendant driven a F Ttiball car from around 3.4 km to the “E” parking lot located in the same city D, from the front of the restaurant “C” in Chungcheong City B, while under the influence of approximately 0.140% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order 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 (Selection of Imprisonment or Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be suspended within the scope of discretionary mitigation and the probation and an order to attend lectures shall be imposed, considering the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act has two times the same criminal records and is sentenced to imprisonment with prison labor in consideration of the fact that there are no criminal records of suspended execution or more severe punishment, the circumstances leading to drinking driving and the circumstances leading to detection, etc.