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

[Criminal Power] On May 25, 2016, the Defendant issued a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Gyeyang District Court, and on November 7, 2017, the Defendant was sentenced to a fine of KRW 7 million for the same crime at the Suwon District Court.

【Criminal Facts】

On June 2, 2020, at around 00:41, the Defendant driven an E License in a state of alcohol alcohol concentration of approximately 00 meters from the front convenience store of the building B to the front of the D History in the same city C from around 200 meters to the front of the D History in the same city.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A alcohol appraisal statement;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. The Defendant, who had been sentenced to a sentence, once again driven under the influence of alcohol within the last five years, even though he had been sentenced to a fine twice due to drinking.

However, the punishment shall be determined as ordered by taking into account the following facts: there is a reflective error, there is no previous conviction exceeding the fine, and all other conditions of sentencing as shown in the records.