A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Records] On June 17, 2011, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for a violation of Road Traffic Act (driving).

[2] Around November 11, 2020, the Defendant driven BM vehicle under the influence of alcohol 0.101% in blood while under the influence of alcohol 0.101%, from around the 04:20 on November 11, 2020 to around the 04:20 on the roads near the Gangnam-gu Seoul Metropolitan Government Line, Seoul Olympic Games to the 25-knive distance of the sports complex.

As a result, the Defendant violated the prohibition of driving under the state of driving under the state of driving stipulated in Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of drinking alcohol measurement, records of inquiries about the management of reports on detection of drinking alcohol, and statements on the circumstances of drivers of drinking alcohol;

1. Investigation reports (main driver's report) and investigation reports (applicable to the Dmark Act);

1. The actual investigation report on traffic accidents;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, attachment of the same criminal record and the summary order, and application of a summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. As to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the Defendant again committed the instant crime even though he/she had the record of punishment due to driving under the influence of alcohol in 2011, the fact that the Defendant committed the instant crime, his/her personal injury, his/her personal injury, his/her social ties and support his/her children, and other factors such as the Defendant’s age, sexual conduct, environment, motive for the crime, and circumstances after the crime, etc., as indicated in the instant records and arguments, shall be comprehensively taken into account.