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

【Criminal Power】 On August 27, 2010, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court as a crime of violating the Road Traffic Act.

【Criminal Facts of Crimes】 On May 7, 2020, at around 01:50, the Defendant driven a golf car with a csbane in the state of under the influence of alcohol of about 20km from the road in front of the Guri-si B market to the front road, 42 km away from the day-to day-day in front of the government-IC in the outer circulation road in Seoul.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of the motor vehicle under consideration, investigation report, on-site photographs, and photographs of operating sections;

1. Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports (verification of the same criminal records), and copies of summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant was punished for a violation of the Road Traffic Act (driving) around 2010, and this is the second crime.

The previous punishment power has been ten years ago between the instant case, or the Defendant has been punished several times.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.