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

On December 3, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 3, 2010, and on July 5, 2018, issued a summary order of 3.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court’s Seo branch branch court.

At around 22:50 on June 28, 2020, the Defendant violated the prohibition of drinking driving by driving an E rocketing car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.145% from the road front of the mutually in Yangsan-si B to the front road located in the same city C at the same time.

Summary of Evidence

1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: The defendant is a dangerous offender who may cause a fatal damage to the life and property of another person as well as his own; the defendant has already been punished twice due to drunk driving, but he is also under the influence of this case; and the circumstances favorable to the driving while driving under the influence of high blood alcohol level: the defendant.