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 December 17, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) by the District Court of Jung-gu.

Nevertheless, on July 30, 2020, the Defendant driven a rash car in the state of alcohol alcohol concentration of 0.162% at approximately 100 meters from the parking lot C located in Namyang-si B to the front of E located in D from July 30, 2020.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. An inquiry about the results of crackdown on driving drinking, and a report processing table;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

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. 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. The Defendant committed the instant crime under the influence of alcohol content 0.162% while driving again, even before the reason for sentencing Article 62-2 of the Criminal Act, even though he had been punished twice due to drinking driving.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.