A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On June 13, 2007, the Defendant issued a summary order of KRW 1,00,000 by the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on November 8, 2007, a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, respectively.

【Criminal Facts】

On September 6, 2020, at around 20:05, the Defendant driven a DNA strawing car under the influence of alcohol level of about 0.166% at the 7km section before the entrance of a common door tunnel located in Samsung 83-1, from the Do in front of the Cmiddle Group B of Gyeonggi-gu.

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

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Notification of the control results of drinking driving, report on the state of a drinking driver's standing statement, and on-site photographs of investigation reports (report on the state of a drinking driver);

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act 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 of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a lecture was that the Defendant re-driving the drinking alcohol again despite two times of driving, and the blood alcohol concentration was very high at the time of driving.

However, the defendant's drinking driving force is 10 years prior to all.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.