A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Power of crime] On December 3, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court.

[Criminal facts] On November 8, 2020, the Defendant driven a F SM7 car under the influence of alcohol level of about 0.186% from the C parking lot located in Gangseo-si B to the EM parking lot located in the same city as D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, (A) an investigation report (related to data on driving alcohol to a suspect A), an investigation report (limited to records on driving alcohol), and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The conditions favorable to the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the Defendant had been already punished twice due to driving under drinking, but again led to the instant crime, and the fact that the driving level of drinking in this case is relatively high, etc. are disadvantageous to the Defendant.

Considering the favorable circumstances, such as the defendant's age, sex, family environment, health condition, motive or circumstance of the crime, method and method of the crime, contents and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's mistake is recognized; and (b) there is no record of criminal punishment exceeding a fine due to drinking driving.