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

On November 28, 2007, the Defendant was notified of a summary order of KRW 2 million for the crime of violation of the Road Traffic Act by the District Court of Jung-gu.

On June 25, 2020, at around 16:55, the Defendant driven a F K7 car with approximately 500 meters alcohol concentration 0.195% while under the influence of alcohol level 0.195% on the roads before the E Association located in Hawon-gun D from the front of C in the Hawon-gun B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the detection of a driver of the actual condition survey report, copy of the report on the circumstantial statements of a driver of the drinking alcohol, and inquiry report about the results of the control of drinking alcohol (related to witness of the field and the reporter) 112 report records;

1. On-site photographs;

1. Previous convictions in judgment: An inquiry report, investigation report (verification of the same-class power), and application of Acts and subordinate statutes governing summary orders;

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 punished for drunk driving in 2007 under Article 62(1) of the Criminal Act, the Defendant again committed the instant crime.

The blood alcohol concentration of this case was very high to 0.195%.

In addition, the defendant has caused an accident that leads to the shock of a chemical during drinking.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the driving distance was not long; (c) the final criminal record was prior to a long time; (d) the Defendant’s wife wanted; and (e) the Defendant’s age, character and conduct, family relationship, motive and means of the instant crime; and (e) other various sentencing conditions specified in the records and arguments, including the circumstances after the crime, shall be determined as ordered by the sentence