Defendant shall be punished by imprisonment for a term of one year and three 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 September 17, 2018, the Defendant received a summary order of KRW 4,50,000,000 as a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On August 8, 2020, at around 07:56, the Defendant driven a Clearning vehicle under the influence of alcohol level of about 0.153% in the 30km section from the roads adjacent to the Dong-gu Seoul Metropolitan Government to the Goyang-si B, Goyang-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Notification of the defendant's legal statement, report on the situation of the driver under the influence of alcohol, investigation report, inquiry inquiry report, such as the criminal records of the vehicle under control and the scene pictures of the vehicle under control, application of Acts and subordinate statutes to investigation reports;

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. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant was sentenced to a fine due to the crime of drunk driving in 2018, has committed a crime of drunk driving.

The drinking value is high and the driving distance is very long.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

There are no criminal records other than the above crime of drinking driving once.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.