A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 24, 2018, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and a summary order of KRW 700,000 for the same crime in the same court on March 28, 2008, respectively.

On April 16, 2020, the Defendant driven CMW X5 automobiles in the state of alcohol alcohol leveling to approximately 0.092% of blood alcohol level from approximately 2 km to the front route of the same Gu, from the Suyang-dong Goyang-dong, Goyang-dong, Goyang-dong, Seoul, during the Gyeonggi-do 22:14 Gyeonggi-do.

As a result, the Defendant violated the prohibition of drunk driving, and again, was driven under the influence of alcohol.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Report on the inspection of the occurrence of the case, report on the situation of the driving of the drinking alcohol, report on the situation of the driving of the drinking alcohol, report on the control of the drinking alcohol, and report on the investigation of the drinking alcohol

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, and order to attend a lecture (the scope of the punishment under law) is one year to two years and six months (the decision of sentence) imprisonment; one year to one year; and three years of suspended execution, the defendant, as stated in the first head of the crime in the judgment, was sentenced to a fine for a violation of the Road Traffic Act, even though he had the record of being sentenced to a summary order. At the time of the crime in this case, the defendant's blood alcohol concentration at the time of committing the crime in this case, was 0.092%, and the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances before and after the crime shall be determined as