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

Although the Defendant was issued a summary order of KRW 1.5 million on October 6, 2008, and a fine of KRW 5 million on May 12, 2014, the Defendant driven a DNA-learning car from the west apartment on August 5, 2020 to the front road of Gangnam-si, Gangnam-si, the Defendant was under the influence of alcohol level of KRW 0.085% on the blood alcohol level of KRW 40 meters on August 5, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, investigation report on the circumstantial statement of a drinking driver (a copy of an investigation report, etc. attached);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor in consideration of the records of the same kind of crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant confessions and reflects the crime, the degree of his/her taking into consideration the fact that the degree of his/her taking into consideration is not severe, and there are circumstances for his/her being driven);

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to the participation in the compliance driving lecture repeatedly taking into consideration the grounds for mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;