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

On August 7, 2018, the Defendant received a summary order of KRW 1,500,000 from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

On May 23, 2020, at around 23:24, the Defendant driven a motor vehicle in the E Spati area while under the influence of alcohol 0.126% in the section of approximately 1 kilometer from the front of the G hotel in Gwangjin-gu, Seoul to the front of the D cafeteria located in Gurisi City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and the state of driving under the influence of alcohol;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (A) and criminal records, etc.;

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again commits the crime of this case even though he had the same criminal record, the same criminal record is the most recent, the defendant's blood alcohol concentration was considerably high, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.