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

On July 22, 2009, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act by the Seoul Central District Court.

On June 11, 2020, at around 03:05, the Defendant driven a kick-in car at approximately 120 km section of approximately 0.090% of blood alcohol content at the 120 km section from the cafeteria to the front road of the entrance of the Gamba-dong, Taesung-dong, Taesung-dong, the inter-Korean at the 45 km city from the cafeteria-si, Taesung-dong.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Criminal records, etc. and inquiry reports, the same criminal records and the application of summary order-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished once a fine due to drinking alcohol driving; (b) the Defendant was under the influence of drinking alcohol driving in this case; (c) the driving distance is high; and (d) the Defendant’s mistake is against his/her own will; and (c) the sentence is to be determined as per the order, by comprehensively taking account of various factors of sentencing, including the time interval between the previous drinking alcohol driving and the previous drinking alcohol driving; (d) the Defendant’s age, character and behavior; (e) circumstances after the crime