A defendant shall be punished by imprisonment for not less than one year and six months.

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

[Criminal Power] On August 17, 2017, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 12:20 on June 23, 2020, the Defendant driven a DNA knick with alcohol content of about 0.108% under the influence of alcohol in approximately 2km from the roads near Gangnam Station located in Gangnam-gu, Gangnam-gu, Seoul to the front direction of the apartment C-dong of the Gu B apartment.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement on the circumstances of the defendant's legal statement, the defendant's oral statement, and records of crackdown on the investigation report (report on the status of the employer driver);

1. Criminal records as stated in the judgment: Criminal records, amounts of dispositions, results of confirmation, and application of each statute;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of imprisonment with labor;

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

1. Probation, community service order, and order to attend each lecture to repeat the sentencing of Article 62-2 of the Criminal Code, it is judged that there is a need for the defendant to supervise the defendant so as not to drive under drinking, considering that the defendant repeats drinking, and the defendant repeats drinking. In particular, probation is ordered;

The circumstances under which the drinking alcohol level in this case is high and locked on the road, which were controlled by the 112 Report, are inferior, and even if the previous drinking driving of this case had the record of having been sentenced to the suspension of the execution of imprisonment with prison labor due to the accident, leading to the crime in this case, etc., which led to the Defendant’s unfavorable circumstances or accidents, and the Defendant still young and the record of drinking driving in this case only once as indicated in the criminal records in its judgment, shall be considered favorable to the Defendant. In addition, the Defendant’s age, character, environment, motive, means and consequence of the crime.