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 became final and conclusive.

Punishment of the crime

On September 29, 2006, the Defendant received a summary order of KRW 700,000 from the Seoul Eastern District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act. On June 3, 2019, the Defendant received a summary order of KRW 7 million as a fine of KRW 1,00,000 for the same crime.

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol, on October 12, 2020, at around 23:50, the Defendant driven the Esch Rexn sports cargo vehicle under the influence of alcohol at approximately 0.218% of alcohol level from the front side of the “C” on the roads of the C, Cheongbuk-gun, Chungcheongnam-gun, Cheongbuk-gun, in the direction of approximately 200 meters to D front roads.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. In particular, the reflection of the defendant's reason for sentencing under Article 62 (1) of the Criminal Act, the distance and the degree of driving under the influence of alcohol, and the records of the same kind (two times of fine) shall be taken into account;