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 of the final judgment.

Punishment of the crime

[Criminal Power] On July 5, 2017, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Seocho District Court’s territorial branch on July 5, 2017.

【Criminal Facts】

On July 1, 2020, around 21:35, the Defendant driven a DNA-learning car under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.052% from the 1.5m section to the 1.5m section before the territorial port international cruise terminal located in the same Si Cheongho-dong on the same day from the c front road located in Si Cheongho-si B at 21:39 the same day.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the regulation of drinking driving, and the next inquiry;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 recognizes the defendant's mistake, and the defendant's blood alcohol concentration at the time of the case is relatively low.

However, even though the defendant had been punished for the same kind of crime, he again committed the same crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the sentence shall be determined as ordered in consideration of all the conditions of sentencing, such as the circumstances of the crime in this case.