A defendant shall be punished by imprisonment for one year.

except that 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 Force】 On June 19, 2018, the Defendant was suspended from prosecution for violating the Road Traffic Act at the Seoul Northern District Prosecutors’ Office.

【Criminal Facts】 On February 26, 2020, around 06:30 on February 26, 2020, the Defendant driven a DNA car under the influence of alcohol with a blood alcohol concentration of about 0.065% from the 1km section from the front of a fluoral restaurant in the commercial zone B zone in the city of Gyeonggi-si to the front road of the same city.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the internal investigation as a result of the control of drunk driving (on-site and the reporter’s statement

1. Sovereign photographs;

1. Previous convictions indicated in the judgment: Criminal history records, return on inquiry (A), report on investigation (Attachment to a copy of the decision of suspension of indictment for a violation of the Road Traffic Act) and application of a copy of the decision of non-prosecution;

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. Although the Defendant was subject to a disposition of suspension of indictment on the grounds of sentencing under Article 62(1) of the Criminal Act in 2018, he/she re-driving in the same manner.

The Defendant stopped on the first line road at the time of crackdown and was living in a driver’s seat, and the police officer asked personal information, and attempted to leave the driver’s seat while attempting to abscond, etc., is also good in the circumstances after the crime is committed.

However, the fact that the defendant reflects the crime and repents his mistake, the fact that there is no record of criminal punishment except the above suspension of indictment, and the fact that the above non-prosecution disposition is recent, the blood alcohol concentration of the defendant, and the age, character and conduct of the defendant.