A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 13, 2019, the Defendant was sentenced to a fine of KRW 5 million as a crime of violating Road Traffic Act (drinking driving) at the Seoul Eastern District Court on February 13, 201.

Criminal facts

On September 29, 2020, the Defendant driven Done Star Sheet under the influence of alcohol concentration of about 0.064%, while under the influence of alcohol concentration of about 0.064%, from the front road of “a short distance of 1:0 square meters, 378 p.m.,” located in Sung-gu, Sungnam-si, Seoul, to the front road of “C Hospital” located in Sung-gu, Sungnam-si, Seoul, the Defendant driven the Done Star Sheet under the influence of alcohol concentration of 0.064%.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the situation of the driver at home, notification of the result of crackdown on drinking, and on-site photographs;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes governing the same kind of force;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime of drinking alcohol driving even though he/she had a record of being punished for driving under drinking.

In addition to the degree of alcohol concentration, odometer, and the risk of driving alcohol, the defendant was sentenced to a fine of KRW 5 million due to driving alcohol at the Seoul Eastern District Court on February 13, 2019, taking into account the circumstances that the defendant committed the crime of driving alcohol of this case at a time when he was sentenced to a fine of KRW 5 million due to driving alcohol at the Seoul Eastern District Court on February 13, 2019, with the attitude to reflect the fact that he/she committed the crime of driving alcohol of this case at a time when he/she was born

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and means of crime, etc., shall be determined as the sentence.