1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[criminal power] On August 30, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act at the Chuncheon District Court, and a summary order of KRW 3 million as a fine from the Incheon District Court’s Branch Branch Branch on July 17, 2013, respectively.

【Criminal Facts】

On May 17, 2020, the Defendant again driven a F-Wurt-Wed-Wed-Wed-Wed-on car at approximately 0.068% of blood alcohol concentration in the direction of approximately 2km from the front of C in the city of Shicheon-si to the front of D Building E-Wed-si, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Attachment to a summary order, etc. related to driving under the influence of a suspect), list of relevant cases, application of summary order-related Acts and subordinate statutes;

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 under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2007 and 2013, he/she committed the same crime at once, and thus, he/she cannot be deemed to be somewhat liable.

However, the sentencing conditions, such as character, age, motive and background of the defendant, circumstances after the crime, measured blood alcohol concentration after the crime, and distance between the previous drunk driving, etc., are comprehensively considered.

It is so decided as per Disposition for the above reasons.