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 June 8, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 29, 2020, in order to change the parking location in the Pyeongtaek-si apartment parking lot on March 29, 2020, the Defendant driven CY III cargo vehicle with blood alcohol concentration of 0.177%.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of crackdown on drinking driving;

1. The CD data;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on the confirmation of criminal records of the suspect;

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 sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as ordered by comprehensively taking into account all the sentencing factors shown in the pleadings of the instant case, including the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The fact that the driver re-drivings a motor vehicle despite the past record of punishment for driving under the influence of alcohol, the blood alcohol concentration level at the time of detection is relatively high, the risk of other motor vehicles has been realized, and the defendant has a number of traffic-related criminal records, including non-licenseless driving, and the defendant seems to be somewhat weak in terms of compliance with traffic regulations: The fact that the crime is recognized and reflects, and the driving of the motor vehicle for the purpose of moving the parking location at the parking lot is not long.