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 September 29, 2006, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Branch of the Daejeon District Court on September 29, 2006, and a summary order of KRW 3 million for the same crime at the same court on June 1, 2017.

【Criminal Facts】

On September 21, 2019, at around 21:45, the Defendant driven a balp motor vehicle with a blood alcohol content of about 0.036% under the influence of alcohol in approximately 1 Km section from the road located in the Republic of Korea-Eup in the Republic of Korea-Seoul-si Seoul-si, the Republic of Korea-si, to the ground-to-grack ginseng road located in the 33-4 area of the land-to-gradan City-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (formers and confirmation reports) and Acts and subordinate statutes;

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 orders to provide community service and attend lectures has been punished three times or more by the defendant, and the punishment regulations for drinking driving have been strengthened since June 25, 2019, and the defendant also was able to easily have access to the aforementioned circumstances through the media, and there is a need to impose severe punishment in that he/she was engaged in drinking driving in this case.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a stay of execution or more yet, and that there is no record of punishment for the defendant, and other various circumstances that form the conditions of sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc