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 May 25, 2016, the Defendant issued a summary order of a fine of one million won on the grounds of a violation of the Road Traffic Act (drinking driving) at a water source method source on May 25, 2016, and the same year.

6. 17. A person with the power of violating Article 44(1) of the Road Traffic Act one time, for whom the above summary order has been finalized.

On October 3, 2020, the Defendant driven a rocketing car with the alcohol concentration of 0.129% under the influence of alcohol at around 3 meters in front of the Southern-si, Namyang-si, 2020.

Accordingly, the Defendant was driving in violation of Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire into the records of the accident, on-site photographs, and the results of crackdown on drinking driving, a statement of the situation of the driver in charge, and an investigation report (report on the situation of the driver in charge);

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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, who was sentenced to sentence, committed the instant crime at the time when five years have not passed since he had been punished for a crime of violating the Road Traffic Act (drinking) around 2016, and the Defendant’s blood alcohol concentration at the time of the instant case 0.129%.

The punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions shown in the records and arguments, such as equity with other similar cases, the age, character and conduct of the defendant, family relationship, motive and means of the crime, circumstances after the crime, etc.