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 April 22, 2010, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court, etc. On August 9, 2013, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving). On February 14, 2014, the same court issued a summary order of KRW 6 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 28, 2020, at around 20:30, the Defendant driven a motor vehicle E in the state of alcohol with approximately 8.2km alcohol concentration of about 0.036% from the front road in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front road in the Chungcheongnam-si, Chungcheongnam-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

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 of the community service order is the subject of the instant disposition, the same power of the accused, the accused’s environment, etc.