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 20, 2010, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on May 20, 2010. On December 18, 2015, the Defendant was issued a summary order of KRW 3 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On January 9, 2020, the Defendant, despite having violated the provision on the prohibition of drunk driving as above, driven a body car from about 5 km to D in the front of the Defendant’s residence located in Jinjin-si B while under the influence of alcohol content of 0.093%, from the front of the Defendant’s residence in Jinjin-si B to the front of C apartment in Jin-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to report criminal records, etc. and investigation reports (report on confirmation of criminal records of the same kind of suspect);

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 punishment as ordered shall be determined by comprehensively taking into account the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, the degree and circumstances of the principal of this case, the character, conduct and family relationship of the defendant;