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 May 14, 2018, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Sung-nam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】 On April 1, 2020, the Defendant driven CMW520i car under the influence of alcohol concentration of approximately 0.052% from the 11km section from the front of Gangseo-gu Office to the front of Dongjak-gu Seoul Metropolitan Government, Gangseo-gu Office, Gangseo-gu, 302, to the front of Dongjak-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation, report on the results of drinking driving, notification on the control of the results of drinking driving, and record of drinking measurements;

1. Previous for judgment: Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, investigation reports (related to the history of sound driving), and summary orders attached thereto;

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 fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act; the Defendant once again drives under the influence of alcohol even though he had the history of punishment for driving under the influence of alcohol; the interval between time and the same crime is short; the Defendant’s blood alcohol concentration is relatively low; the Defendant recognizes and reflects the facts charged; the Defendant has no record of criminal punishment exceeding the fine; the Defendant’s age, character and conduct and environment; the motive, means and consequence of the crime; and other conditions of sentencing as indicated in the argument of the instant case, such as the circumstances after the crime, etc., are considered.