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

On July 21, 2009, the Defendant issued the Seoul Southern District Court a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act, and on February 3, 2015, a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) by the same court.

On October 4, 2020, the Defendant driven a cub car from the B commercial parking lot located in the Seo-gu, Seoyang-gu, Goyang-si to the front road of the hospital located in the same Gu C from around 3 km to the 0.156% alcohol level among blood transfusion around 22:30, 2020.

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

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver involved in the primary statement, investigation report (the situation report of the driver involved in the primary investigation), investigation report (in response to a request for appraisal), response to a request for appraisal, appraisal report, and inquiry about management of the primary detection report;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (former rulings) and Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime of drinking alcohol again even though he/she had a number of records of punishment for drinking driving.

However, the sentencing conditions, such as the defendant's age, sex, environment, motive and means of crime, shall be determined as ordered by considering the following factors: (a) the defendant's mistake is seriously against the defendant; (b) there are some points to be considered in the circumstances of the case; and (c) the fact that there are many family members to support the defendant; and (d) other conditions of the sentencing, such as