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 July 21, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Cheongju District Court for the crime of violation of the Road Traffic Act.

On June 4, 2020, at around 02:50, the Defendant driven a B SP car at a section of about 150 meters from the front day of the camping ground in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu to the third distance in the agricultural and fishery products market in the same circulation, while under the influence of alcohol of 0.080% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attachment);

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. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment of the defendant inasmuch as the defendant committed a crime of drunk driving again even though he/she had a relatively recent criminal record of the same kind of drunk driving once, as in the judgment of the court below.

However, in full view of all the circumstances, including the Defendant’s recognition of the instant crime and the mistake and the fact that the Defendant did not repeat the crime; the Defendant has no criminal record other than the above drunk driving record; the Defendant’s blood alcohol concentration and driving distance; the Defendant’s age, character and conduct, and circumstances before and after the instant crime; and the sentencing conditions specified in the records and arguments, such as the circumstances before and after the instant crime, shall be determined as ordered.