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 July 31, 2015, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on August 23, 2017, the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court.

【Criminal Facts】

On April 9, 2020, the Defendant driven DG80 car at a section of about 200 meters from the front of the building in Seongbuk-gu, Sungnam-si to the front of the same C hotel, while under the influence of alcohol content of 0.053% of blood alcohol content on April 23, 2020.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, circumstantial statement, and criminal record inquiry reports made once as a result of the crackdown on drinking driving, and investigation reports (verification of the same kind of power);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the provision of community service and lecture attendance order was that the Defendant driven a car in the state of drinking alcohol level of 0.053% again, even though he was punished by a fine around 2015 and around 2017 due to drinking alcohol.

It shall be taken into account the fact that the defendant shows an attitude of recognizing and reflecting the mistake, and the defendant has no other criminal records except for the previous criminal records and the previous criminal records once, and the defendant has no other criminal records, and the defendant's age and character, environment, motive, means and result of the crime, etc. shall be determined as ordered by taking into account the overall circumstances, such as the circumstances after the crime.