Defendant shall be punished by imprisonment for a term of one year and two months.

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 2, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 2, 201, and on March 8, 2017, the Defendant received a summary order of KRW 4 million as the same crime in the same court.

【Criminal Facts】

On March 4, 2020, at around 23:15, the Defendant driven a Fro-car from the front road of the “C” in Gyeonggi-gun B to the front road of the “E” located in D, the same Gun, with approximately 700 meters alcohol concentration of about 0.078%, while under the influence of alcohol leveling from around 700 meters.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the circumstantial statement of a drinking driver;

1. A report on internal investigation (on-site conditions, etc. at the same time);

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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 Defendant committed the instant crime on the grounds of sentencing in Article 62-2 of the Criminal Act, even though he/she was punished for the crime of violation of the Road Traffic Act in 2001, 2004, 2005, 2010, and 2017.

In full view of the distance and frequency of the previous penal force as seen above, and the blood alcohol level, the age and character of the defendant, personality and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case.