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 31, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1,00,000 at the Jung-gu District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4,00,000 with the same court on December 14, 2015, respectively.

【Criminal Facts】

On January 21, 2020, the Defendant was under the influence of alcohol with 0.052% of blood alcohol concentration at around 14:48, the Defendant driven DK5 cars at a section of about 2K meters from the former terminal of the Government of the Gyeonggi-si to the front road of the C farm located in B in both States.

Summary of Evidence

1. Defendant's legal statement;

1. Statement statement, investigation report (report on the status of a drinking driver), and report on the status of a drinking driver;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, investigation reports, and application of 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 Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished by a fine for violating the Road Traffic Act in 2014 and 2015.

However, the fact that the defendant recognized the crime, the defendant seems to have driven to work in the new wall on the day after the day of night and the day, and the fact that the defendant is expected not to repeat again by disposing of the defendant's vehicle, the fact that the blood alcohol concentration of this case is relatively high shall be considered in favorable circumstances, and the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and behavior, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, etc.