A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 2 million at the Seoul Northern District Court on February 24, 201, for a crime of violating road traffic laws (drinking driving).

[2] On July 16, 2020, the Defendant driven the E-7 car under the influence of alcohol leveling 0.163% from the 1km section from the front of the “C” restaurant located in Pyeongtaek-si B to the front of the same city (D).

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (verification of drinking driving history);

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. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

Unfavorable circumstances: The fact that a person drives a second alcohol after having had the record of being punished for driving under the influence of alcohol; the circumstances that the degree of alcohol concentration in the blood is not low at the time of detection; the fact that the person recognized the crime and reflects it; there is no circumstance to realize the risk of driving due to the fact that the person was discovered to control simple drinking; and the second recidivism after a considerable period of time has elapsed from the time of the previous criminal record.