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 4, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the District Court of Jung-gu.

【Criminal Facts】

On May 17, 2020, at around 02:15, the Defendant corrected “2.5 km” as “2 km” as stated in the written indictment from the G apartment parking lot at the Government-Si of the Gyeonggi-si, Gyeonggi-si, to around 02:30 on the same day, from the same day to the front road of the C apartment Ddong at the same time.

【Investigation Report (Submission of Report on Criminal Facts, Refluences, etc.). In the section, E rocketing car was driven under the influence of alcohol concentration of 0.094%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a driving under the direction of the driver, report on the circumstantial statement of the driver under the direction of the driver, and investigation report;

1. A report on investigation into records of the control site (suspects who are recognized as a suspect and submitted, such as rebuttals);

1. Previous records of judgment: Application of criminal records, inquiry reports, and Acts and subordinate statutes governing the confirmation of records of drinking driving;

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, despite the fact that the Defendant had been punished for drunk driving in 2012, committed the instant crime.

In addition, various sentencing conditions specified in the records and arguments of this case, such as the blood alcohol concentration (0.094%) of this case, the distance of drunk driving (2 km), the background of crackdown, the age and character of the defendant, personality and conduct, family relationship, motive, means, circumstances after the crime, etc., shall be comprehensively taken into account.