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 February 3, 2016, the Defendant was issued a summary order of KRW 1.5 million by the District Court of the Republic of Korea for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 17, 2020, at around 23:36, the Defendant driven a EKan typ vehicle with approximately 600 meters alcohol concentration 0.096% under the influence of alcohol from the front of the cafeteria, “C” restaurant located in the Southern-si B to the front of the Namyang-si, Namyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act;

1. Report on the results of the control of drinking driving, investigation report (report on the circumstances of drinking drivers), and report on the circumstantial statements of drinking drivers, 112 case list; and

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of the summary order to be attached;

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again even though he/she had been punished by a fine due to a violation of the Road Traffic Act in 2016.

The previous records are relatively recent, and the punishment shall be determined as ordered by comprehensively taking into account various sentencing conditions shown in the records and arguments of the instant case, including the blood alcohol concentration, the distance of drunk driving, the age and character and conduct of the Defendant, the family relationship, the motive and means of the instant crime, and the circumstances after the crime.