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 November 11, 2019, the Defendant received a fine of KRW 4 million due to a violation of road traffic law (drinking driving) in the support for the development of a water source method source.

Although the Defendant was found to have violated the provision prohibiting driving of alcohol as above, on November 21, 2020, the Defendant: (a) moved from the front side of the “C,” located in the Sing-si, Ansan-si, Seoul-si, under the influence of alcohol level of 0.061% (0:45 on November 21, 2020 to the front side of the 1st class distance of the Sing-si, Chungcheongnam-si, Chungcheongnam-do, and driven a motor vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (the automatic previous convictions and the applicable Acts and subordinate statutes);

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense and the selective punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the risks inherent in drinking driving on the grounds of sentencing under Article 62-2(1) of the Criminal Act, the Defendant’s blood alcohol level (not high, but recidivism in only one year after committing the same type of crime in 2019) and driving distance, taking into account various sentencing factors, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and circumstances after committing the crime, etc., the sentence shall be determined as ordered.