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] On July 13, 2017, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on May 2, 2018, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

[Criminal facts] On October 22, 2020, the Defendant passed a DK7 car under the influence of alcohol level of about 0.113% in the 10-meter section of the front road C located in Seojin-gu Seoul Special Metropolitan City on October 22, 2020.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry report on criminal history, written judgment, and summary order statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the court shall make a sentence as ordered in consideration of the defendant's records and various sentencing conditions shown in the trial process, such as drinking driving records, the alcohol concentration and drinking distance in the defendant's blood, the situation at the time of the crime (the shock of other vehicles), the circumstances after the crime, the reflect attitude of the defendant, the defendant's age, sexual behavior and environment, and other various sentencing conditions shown in the trial process.