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 28, 2006, the Defendant issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act at the Seoul Eastern District Court, and a summary order of KRW 3 million for the same crime from the original state branch of the Chuncheon District Court on July 11, 2014.

【Criminal Facts】

On February 27, 2020, the Defendant driven a F Lasttop car at approximately 0.081% alcohol level, while under the influence of alcohol at around 1 k meters in the same city D apartment E-dong parking lot located in Gangwon-si, Gangwon-si, Gangwon-si.

As a result, although the defendant had a record of punishment for drinking driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Criminal records, investigation reports (verification of the same attached records), and application of statutes of three copies of a summary order;

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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to attend a lecture was two times before and after a fine of the same kind is imposed for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that a witness’s statement, etc. seems to have been difficult to drive normally due to unfavorable circumstances or erroneous recognition, the fact that a considerable period of time has elapsed from the time of previous punishment, etc. In addition, the defendant’s age, character and conduct, family relationship, and environment, etc. shall be determined as ordered