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 27, 2018, the Defendant was issued a summary order of KRW 3 million by the District Court of Jung-gu for the crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 14, 2020, at around 00:30 on April 14, 2020, the Defendant driven a car E in the state of alcohol alcohol concentration of about 200 meters from the C Station parking lot located in Dongducheon-si B to the D main distance in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less 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. On-site photographs;

1. Previous records: Inquiries and inquiries, and the application of Acts and subordinate statutes on investigation reports (verification of the same records as the suspect);

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 Article 62-2 of the Criminal Act, even though the Defendant had been punished for drunk driving in 2018, committed the instant crime.

In the last time, the previous years of drinking driving are recent.

In addition, various sentencing conditions shown in the records and arguments of this case, such as the blood alcohol concentration (0.122%), the drinking driving distance (200m), the background of crackdown, the age and character and conduct of the defendant, family relationship, motive and means of the crime, circumstances after the crime, etc., shall be determined as the order.