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 November 30, 2018, the Defendant was issued a summary order of a fine of KRW 6 million at the Seoul Northern District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act, at around 00:26 August 15, 2020, the Defendant, while under the influence of alcohol 0.107%, driven a CM5 vehicle in the section of about 36 km from the road near the Gangseo-gu Office located in the Gangseo-gu Office, Seoul, 302, up to the Hanam-si road in front of B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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 reason for sentencing under Article 62-2 of the Social Service Order Act is that the blood alcohol concentration, driving distance, and driving circumstance of the instant case are mainly given the main circumstances, and that the Defendant was sentenced to a fine due to drinking driving, and thus making a re-driving, etc., under unfavorable circumstances, the Defendant appears to have an attitude against the mistake, etc., respectively, shall be considered in light of favorable circumstances.

In addition, the sentencing conditions shown in the instant case, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per Disposition.