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 January 15, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch on January 15, 2009, and a fine of KRW 3 million as an identical crime from the Jungyang Branch’s High Court on September 30, 2016.

【Criminal Facts】

On August 9, 2020, at around 00:16, the Defendant driven an E rocketing car from around 500 meters away from the roads in front of Pakistan to the roads in front of gas stations located in the same city C, while under the influence of alcohol of 0.094% of blood alcohol level.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement statement, investigation report, criminal records, notification of the results of the crackdown on drinking driving, etc., investigation report on the criminal records, previous disposition, and reporting on the results of confirmation;

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 reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant was sentenced to a fine three times due to drinking driving, was also driving under the influence of alcohol.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The driving distance is short.

There is no record of punishment for the defendant who has been sentenced to imprisonment or heavier punishment.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.