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 December 14, 2010, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Jung-gu District Court Goyang Branch on December 14, 2010.

【Criminal Facts】

On February 19, 2020, the Defendant, while under the influence of alcohol at 0.163% of blood alcohol level, driven a Brocketing vehicle at approximately 1km from the front of a restaurant in the trade name in the Heung-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the front of the Gangseo-gu, the same streetway 1158.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking driving and report on the statement in the circumstances of a drinking driver;

1. A inquiry report on criminal records, etc., reporting on the results of confirmation of the past record of disposition, and applying Acts and subordinate statutes of a summary order;

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 Criminal Act, including the order to attend a lecture and the order to provide community service order, has a record of having been punished twice for drunk driving, and in particular, even though the defendant committed a crime of drinking driving in 2018 and injured the person involved in the accident, he/she committed the instant crime again for a long time.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

There is no record that the defendant has been punished by a suspended sentence or more because he has yet to commit a crime of drinking driving.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.