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

[criminal power] On September 30, 2014, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court’s Branch Branch on September 30, 2014, and a summary order of KRW 4 million for a violation of the Road Traffic Act at the Jungyang Branch of the Jung-gu District Court on July 28, 2016, respectively.

【Criminal Facts】

On August 11, 2020, at around 13:37, the Defendant driven D K7 car under the influence of alcohol concentration of about 0.094% from the 5km section of the building B from Leecheon-si to the front road of the building C in the same city.

As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement, inquiry into the result of the drinking driving control, the circumstantial statement of the drinking driver, the investigation report, and the report on the situation of the drinking driver;

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. 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 on probation and order to attend a lecture, the Defendant, even though he had the record of drinking driving twice, once again driven under influence of alcohol.

However, the section of drinking driving is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.