A defendant shall be punished by imprisonment for a term of one year and two months.

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 September 28, 2006, the Defendant had been sentenced to a suspended sentence of two years for a year of imprisonment due to a violation of the Road Traffic Act (driving under the influence of drinking), etc. However, around 02:05 on May 26, 2020, the Defendant driven CK 5 car under the influence of alcohol concentration of 0.092% and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Report on the accused's legal statement, statement, records of the drinking driving control (No. 4 on the evidence list) and the statement of his/her status;

1. Previous records: Criminal records and application of statutes governing judgment;

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. Probation and lecture attendance order and the reasons for sentencing under Article 62-2 of the Social Service Order Act are the reasons for sentencing in 2006 and the drinking driving is again conducted in spite of the past record of the suspended sentence of imprisonment for the crime of drinking alcohol, so the sentence of imprisonment shall be selected

However, considering the fact that the above criminal records have no criminal records of the same kind or imprisonment with prison labor or any other criminal records after about 14 years, the punishment shall be determined as ordered by comprehensively taking into account all the factors of sentencing, including the defendant's age, social living relationship and circumstances before and after the crime, and the execution thereof shall be suspended and probation, etc. shall be added.