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 April 10, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Incheon District Court, and was sentenced to a fine of KRW 4 million as the same crime at the Seoul Central District Court on May 1, 2009.

【Criminal Facts】 Although the Defendant had the record of being punished for drunk driving, the Defendant driven a C low-speed car under the influence of alcohol with approximately 0.094% of alcohol level 0.094% at the front road of Silung-si on May 26, 2020, around 01:0.

Summary of Evidence

1. The legal statement of the accused, the actual condition survey report on the traffic accident, the examination report on the site photograph of the accident site, and the output thereof;

1. Previous records: Application of inquiries, such as criminal records, etc., a written reply and output of the summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 in Article 62-2 of the Criminal Act is that the record of drinking alcohol is relatively old, and the blood alcohol concentration is not high.

The distance of operation is also short.

However, despite the fact that the defendant was punished for drinking driving three times, he re-offending again.

In addition, the punishment shall be determined by comprehensively taking into account various circumstances, such as the age and environment of defendants and the background leading to crimes.