Defendant shall be punished by imprisonment for a term of one year and three months.

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 April 27, 2018, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on April 27, 2018, and issued a summary order of KRW 3 million for the same crime in the same court on July 2, 2019.

On July 23, 2020, at around 04:52, the Defendant driven CEX car while under the influence of alcohol level of about 0.082% from approximately 6 km to the intersection of the same Sindong-dong.

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

Summary of Evidence

1. As to the defendant's legal statement statement statement, investigation report, notification of the results of the crackdown on drinking driving, criminal records, and application of Acts and subordinate statutes of Part II to 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. Although the reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the defendant had been sentenced to a fine for the crime of drinking driving in 2018 and 2019 respectively, the defendant committed the crime of drinking driving only once a year and more from the time of punishment.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.

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.