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 of the final judgment.

Punishment of the crime

[criminal power] On December 28, 2006, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Seocho District Court’s Seocho Branch on December 28, 2006, and a summary order of KRW 2 million as a fine from the Suwon District Court’s Ansan Branch on May 25, 201 to the same crime.

【Criminal Facts】

At around 01:10 on February 10, 2020, the Defendant driven approximately 3 meters of Csch Rexton sports cargo vehicles under the influence of alcohol level of 0.181% at the Young City B hotel parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. On screen of the defendant's legal statement, notice of the result of the drinking driving control, report on the circumstance of a drinking driver, investigation report (report on the circumstances of a drinking driver), vehicle inquiry, internal investigation report (B hotel business face-to-face statement), and CCTV-faging;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

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, even though the defendant had been punished for the same crime, he again committed the same crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

However, the defendant's mistake is recognized, and the defendant is punished for the last same kind of crime before about nine years from this case.

In this case, the defendant has been working for the telecom through a proxy driver, and there are some circumstances to consider the background of the occurrence of the crime since it occurred in the telecom parking lot in the course of moving to another telecom.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the blood alcohol concentration of the defendant at the time of the case.