A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On May 10, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 21:30 on May 11, 2020, the Defendant driven D Kaman car under the influence of alcohol concentration of 0.077% on the front side of C, which is located in B, at a leisure time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s attitude and attitude; (c) the Defendant’s age, character and conduct, environment, criminal records, the distance of drunk driving; and (d) all the factors of sentencing specified in the trial process of the instant case, including the circumstances after the instant crime.