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 of the final judgment.

Punishment of the crime

[criminal power] On March 31, 2011, the Defendant was issued a fine of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 5 million by the Jung-gu District Court on March 16, 2015 for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 5, 2020, around 06:35, the Defendant driven a B k5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.147% from around 4.5 km to the distance of the safe-care school located within 1365-1, as stated in the same Gu water, from an insular place located within the Manyang-gu, Mayang-gu, Manyang-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Statement of the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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. Social service order under Article 62-2 of the Criminal Act;