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

On October 5, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

On April 2, 2020, the Defendant was under the influence of alcohol with 0.132% of blood alcohol concentration around 23:30 on April 2, 2020, the Defendant driven a golf car with DNA halogen car up to the front day of the C convenience store located in Gyeonggi-do, Gyeonggi-do, Youngcheon-gun.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous conviction: Application of the Acts and subordinate statutes of inquiry letter and a copy of summary order;

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 defendant has a record of being punished for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.132%.

However, considering the favorable circumstances that the social ties seems to be relatively clear, such as the recognition of the crime of this case by the defendant, the fact that the majority of the defendant's prisons wanting to dismiss the defendant against the defendant, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and the criminal record relation.