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 September 30, 2013, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

Around 06:00 on June 25, 2020, the Defendant driven a Dbenz E220d car at approximately 2 km from the Seoul Mapo-gu road to the front road of the same Gu, while under the influence of alcohol of 0.128% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reference reports, investigation reports, and summary orders;

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, had a record of being punished for a fine of KRW 5 million due to the violation of the Act on Special Cases concerning Drinking and Handling of Traffic Accidents in 2013.

On the other hand, this case's drinking driving did not cause a traffic accident, and the record of the above drinking driving is the entire record of criminal punishment of the defendant.

In addition, the defendant again said that he would not distort such a mistake.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the arguments.